| 書目名稱 | Effects of Insurance on Maritime Liability Law | | 副標(biāo)題 | A Legal and Economic | | 編輯 | Muhammad Masum Billah | | 視頻video | http://file.papertrans.cn/303/302860/302860.mp4 | | 概述 | First examination of maritime liability law using a formal economic analysis approach.Explores the connection between insurance and maritime liability law.Argues that liability insurance is not a hind | | 圖書封面 |  | | 描述 | The book examines how the absence of insurance in the past led to some special maritime liability law principles such as ‘general average’ (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners’ liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cat | | 出版日期 | Book 2014 | | 關(guān)鍵詞 | Cargo liability; Economic analysis; Maritime liability; Oil pollution; Risk management strategy; Shipowne | | 版次 | 1 | | doi | https://doi.org/10.1007/978-3-319-03488-1 | | isbn_softcover | 978-3-319-34899-5 | | isbn_ebook | 978-3-319-03488-1 | | copyright | Springer International Publishing Switzerland 2014 |
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