Maritime Law

635 Pages·2014·3.19 MB·English

by  Yvonne Baatz

MARITIME LAW
THIRD EDITION
LLOYD’S SHIPPING LAW LIBRARY
Series editors: Andrew W Baker, QC
and Hatty Sumption
MARITIME AND TRANSPORT LAW LIBRARY
Maritime Law Freight Forwarding and Multimodal
3rd Edition Transport Contracts
Edited by Yvonne Baatz 2nd Edition
(2014) by David A. Glass
(2012)
Offshore Contracts and Liabilities
by Baris¸ Soyer and Andrew Tettenborn Marine Insurance Clauses
(2014) 5th Edition
by N. Geoffrey Hudson, Tim Madge and Keith
Marine Insurance Fraud Sturges
by Baris¸ Soyer (2012)
(2014)
Pollution at Sea: Law and Liability
International Maritime Conventions Edited by Baris¸ Soyer and Andrew Tettenborn
Volume One (2012)
The Carriage of Goods and Passengers by Sea
by Francesco Berlingieri Contracts of Carriage by Air
(2014) 2nd Edition
by Malcolm A. Clarke
International Carriage of Goods by Road: CMR (2012)
6th Edition
by Malcolm A. Clarke Place of Refuge: International Law and the
(2014) CMI Draft Convention
by Eric Van Hooydonk
The Maritime Labour Convention: (2010)
International Labour Law Redefined
Edited by Jennifer Lavelle Maritime Fraud and Piracy
(2013) by Paul Todd
(2010)
Modern Maritime Law:
Volume 2: Managing Risks and Liabilities The Carriage of Goods by Sea under the
3rd Edition Rotterdam Rules
by Aleka Mandaraka-Sheppard Edited by D. Rhidian Thomas
(2013) (2010)
Modern Maritime Law: The International Law of the Shipmaster
Volume 1: Jurisdiction and Risks by John A. C. Cartner, Richard P. Fisk
3rd Edition and Tara L. Leiter
by Aleka Mandaraka-Sheppard (2009)
(2013)
The Modern Law of Marine Insurance:
Carriage of Goods by Sea Land and Air: Volume 3
Uni-Modal and Multi-Modal Transport in Edited by D. Rhidian Thomas
The 21st Century (2009)
Edited by Baris¸ Soyer and Andrew Tettenborn
(2013) The Rotterdam Rules: A Practical Annotation
by Yvonne Baatz, Charles Debattista, Filippo
The Law of Yachts and Yachting Lorenzon, Andrew Serdy, Hilton Staniland and
by Filippo Lorenzon and Richard Coles Michael Tsimplis
(2012) (2009)
The Evolving Law and Practice of Voyage Charters General Average: Law and Practice
Edited by D. Rhidian Thomas 2nd Edition
(2009) by F. D. Rose
(2005)
Risk and Liability in Air Law
by George Leloudas War, Terror and Carriage by Sea
(2009) by Keith Michel
(2004)
Legal Issues Relating to Time Charterparties
Edited by D. Rhidian Thomas Port State Control
(2008) 2nd Edition
by Oya Ozcayir
Contracts of Carriage by Land and Air (2004)
2nd Edition
by Malcolm A. Clarke and David Yates Modern Law of Marine Insurance:
(2008) Volume Two
Edited by Francis Rose
Bills of Lading and Bankers’ Documentary Credits (2002)
4th Edition
by Paul Todd Commercial and Maritime Statutes
(2007) Edited by Peter Macdonald Eggers and
Simon Picken
Liability Regimes in Contemporary Maritime Law (2002)
Edited by D. Rhidian Thomas
(2007) Bills of Lading: Law and Contracts
by Nicholas Gaskell, Regina Asariotis and
Marine Insurance: The Law in Transition Yvonne Baatz
Edited by D. Rhidian Thomas (2000)
(2006)
Shipbrokers and the Law
Commencement of Laytime by Andrew Jamieson
4th Edition (1997)
Edited by D. Rhidian Thomas
(2006)
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MARITIME LAW
THIRD EDITION
EDITED BY
PROFESSOR YVONNE BAATZ
Third edition published 2014
by Informa Law from Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Informa Law from Routledge
711 Third Avenue, New York, NY 10017
Informa Law from Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2014 Selection and editorial matter, Yvonne Baatz; individual chapters, the contributors
The right of Yvonne Baatz to be identified as the editor of this work has been asserted by her in accordance
with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any
electronic, mechanical, or other means, now known or hereafter invented, including photocopying and
recording, or in any information storage or retrieval system, without permission in writing from the
publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only
for identification and explanation without intent to infringe.
First edition published by Informa in 2008
Second edition published by Sweet & Maxwell in 2011
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
A catalog record for this book has been requested
ISBN: 978-1-138-79850-2 hbk
ISBN: 978-1-138-80233-9 pbk
EISBN: 978-1-315-75201-3 ebk
Typeset in Plantin
by Wearset Ltd, Boldon, Tyne and Wear
ILLUSTRATIONS
FIGURES
12.1 An outline of the rights in rem and arrest under the SCA 1981 479
12.2 (a) One- ship sister companies and (b) a company with sister ships 483
TABLES
6.1 Limits of liability under the 1974 Athens Convention and its Protocols
Values are expressed in SDRs 214
7.1 Limits of liability under the 1996 LLMC 291
7.2 Limits of liability under the 1976 LLMC 292
10.1 Limits of liability for the owner of a ship under the CLCs and their
protocols 383
10.2 Limits of liability for oil pollution damage under the Fund conventions 388
10.3 Limits of liability under the 2010 HNS 409
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PREFACE TO THE THIRD EDITION
The third edition of this book is dedicated to Richard Shaw. Richard played an
important role in the Institute of Maritime Law at the University of Southampton for
many years right up until his death in 2013. He had a great love of things maritime and
of teaching. He was extremely effective. If Richard promised to do something it would
be done. He contributed to the success of the first two editions of this book, the book
entitled Maritime Law Evolving brought out to celebrate the thirtieth anniversary of the
Institute of Maritime Law, and to our many courses each year. His wise counsel at
Governing Board meetings of the Institute of Maritime law will be gravely missed. His
sunny personality at events such as our Donald O’May lecture each autumn and dinner
on the Isle of Wight every September at the end of our three-w eek Short course will be
remembered with pleasure.
I am grateful to all the authors who have contributed to this third edition. We have
been joined by Özlem Gürses who has contributed new sections to the chapter on
marine insurance. Mikis Tsimplis has updated the sections originally written by Richard
Shaw as well as his own major contributions. We are very fortunate to have the support
of the Institute of Maritime Law, so ably directed by Filippo Lorenzon for the last four
years and now by Mikis Tsimplis. Thanks are due to our two research assistants, Jack
Steer and Mateusz Bek, who have helped all the authors with research and have worked
tirelessly to ensure the consistency of the book as a whole. Further thanks go to Sara Le
Bas, the Institute of Maritime Law’s librarian, who has contributed the bibliography
and to Clare Brady for her assistance.
We are also grateful to our publishers, Taylor & Francis, and particularly to Faye
Mousley for her efficiency and encouragement, Alexia Sutton and Jessica Moody.
Shipping law continues to thrive at the University of Southampton with increasing
numbers of University students keen to study maritime subjects both at LLB and LLM
level and practitioners enthusiastic to attend courses. May this book inspire any reader
to delve further into the joys of maritime law and enjoy the fascinating practical and
academic issues that it involves.
YVONNE BAATZ
Professor of Maritime Law
Member of the Institute of Maritime Law
University of Southampton
March 2014
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