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Limitation of Liability for Maritime Claims: Multiple Perspectives and Legal Implications

Taheri, Kourosh LU (2013) JASM01 20131
Department of Law
Abstract
The thesis is an attempt to analyse the concept of limitation of liability for maritime claims with multiple legal and policy perspectives. In trying to analyse the issues related to limitation of liability, the thesis explores
the historical background to the development of the concept of limitation of liability within both civil and common law.


A synoptic overview on the development of international conventions pertaining to maritime claims has been presented. one particular issue that is highlighted, is the recent development of the case law on conduct barring limitation provision in the LLMC 1976 Convention which may to some extent show the policy consideration behind legal reasoning from a common law perspective.

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The thesis is an attempt to analyse the concept of limitation of liability for maritime claims with multiple legal and policy perspectives. In trying to analyse the issues related to limitation of liability, the thesis explores
the historical background to the development of the concept of limitation of liability within both civil and common law.


A synoptic overview on the development of international conventions pertaining to maritime claims has been presented. one particular issue that is highlighted, is the recent development of the case law on conduct barring limitation provision in the LLMC 1976 Convention which may to some extent show the policy consideration behind legal reasoning from a common law perspective.

Further, the discussion encompasses a brief examination of the legal effects of the International Safety mechanism in particular, the role of designated person, concerning alter ego concept pertaining to the rule of attribution within a corporate structure.

In addition, an introduction to the economic analysis of law has been presented in order to show how liability concept is examined by this particular discipline and in what ways such study contribute to the discussion on the effect of limitation of liability within the context of the thesis. The emphasis has been on the examination of justification of the proponents and antagonists on the limitation of liability for maritime claims. (Less)
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author
Taheri, Kourosh LU
supervisor
organization
course
JASM01 20131
year
type
H2 - Master's Degree (Two Years)
subject
language
English
id
3858032
date added to LUP
2013-09-06 14:54:50
date last changed
2013-09-06 14:54:50
@misc{3858032,
  abstract     = {The thesis is an attempt to analyse the concept of limitation of liability for maritime claims with multiple legal and policy perspectives. In trying to analyse the issues related to limitation of liability, the thesis explores
the historical background to the development of the concept of limitation of liability within both civil and common law. 


A synoptic overview on the development of international conventions pertaining to maritime claims has been presented. one particular issue that is highlighted, is the recent development of the case law on conduct barring limitation provision in the LLMC 1976 Convention which may to some extent show the policy consideration behind legal reasoning from a common law perspective.

Further, the discussion encompasses a brief examination of the legal effects of the International Safety mechanism in particular, the role of designated person, concerning alter ego concept pertaining to the rule of attribution within a corporate structure.

In addition, an introduction to the economic analysis of law has been presented in order to show how liability concept is examined by this particular discipline and in what ways such study contribute to the discussion on the effect of limitation of liability within the context of the thesis. The emphasis has been on the examination of justification of the proponents and antagonists on the limitation of liability for maritime claims.},
  author       = {Taheri, Kourosh},
  language     = {eng},
  note         = {Student Paper},
  title        = {Limitation of Liability for Maritime Claims: Multiple Perspectives and Legal Implications},
  year         = {2013},
}