Logo - springer
Slogan - springer

Law | Effects of Insurance on Maritime Liability Law - A Legal and Economic Analysis

Effects of Insurance on Maritime Liability Law

A Legal and Economic Analysis

Billah, Muhammad Masum

2014, XV, 210 p.

Available Formats:
eBook
Information

Springer eBooks may be purchased by end-customers only and are sold without copy protection (DRM free). Instead, all eBooks include personalized watermarks. This means you can read the Springer eBooks across numerous devices such as Laptops, eReaders, and tablets.

You can pay for Springer eBooks with Visa, Mastercard, American Express or Paypal.

After the purchase you can directly download the eBook file or read it online in our Springer eBook Reader. Furthermore your eBook will be stored in your MySpringer account. So you can always re-download your eBooks.

 
$139.00

(net) price for USA

ISBN 978-3-319-03488-1

digitally watermarked, no DRM

Included Format: PDF and EPUB

download immediately after purchase


learn more about Springer eBooks

add to marked items

Hardcover
Information

Hardcover version

You can pay for Springer Books with Visa, Mastercard, American Express or Paypal.

Standard shipping is free of charge for individual customers.

 
$179.00

(net) price for USA

ISBN 978-3-319-03487-4

free shipping for individuals worldwide

usually dispatched within 3 to 5 business days


add to marked items

  • 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 hindrance but a complementary force towards achieving the deterrent goal of liability law
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 cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.

Content Level » Research

Keywords » Cargo liability - Economic analysis - Maritime liability - Oil pollution - Risk management strategy - Shipowners' liability

Related subjects » International, Foreign and Comparative Law - Law - Pollution and Remediation

Table of contents / Preface / Sample pages 

Popular Content within this publication 

 

Articles

Read this Book on Springerlink

Services for this book

New Book Alert

Get alerted on new Springer publications in the subject area of Law of the Sea, Air and Outer Space.