Effects of Insurance on Maritime Liability Law

A Legal and Economic Analysis

Authors: Billah, Muhammad Masum

  • 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
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eBook $139.00
price for USA (gross)
  • ISBN 978-3-319-03488-1
  • Digitally watermarked, DRM-free
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  • Immediate eBook download after purchase
Hardcover $179.00
price for USA
  • ISBN 978-3-319-03487-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $179.00
price for USA
  • ISBN 978-3-319-34899-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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.

Table of contents (8 chapters)

  • Introduction

    Billah, Muhammad Masum

    Pages 1-10

  • Lack of Insurance and Its Effect on Maritime Liability Law: A Historical Evaluation

    Billah, Muhammad Masum

    Pages 11-33

  • Insurance and Limitation of Ship Owners’ Liability: An Economic Analysis

    Billah, Muhammad Masum

    Pages 35-82

  • Insurance Through General Average: Its Justifications and Effects on Optimal Care and on Social Costs

    Billah, Muhammad Masum

    Pages 83-102

  • Maritime Cargo Liability Law in Light of Insurance Realities

    Billah, Muhammad Masum

    Pages 103-129

Buy this book

eBook $139.00
price for USA (gross)
  • ISBN 978-3-319-03488-1
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $179.00
price for USA
  • ISBN 978-3-319-03487-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $179.00
price for USA
  • ISBN 978-3-319-34899-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Effects of Insurance on Maritime Liability Law
Book Subtitle
A Legal and Economic Analysis
Authors
Copyright
2014
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-03488-1
DOI
10.1007/978-3-319-03488-1
Hardcover ISBN
978-3-319-03487-4
Softcover ISBN
978-3-319-34899-5
Edition Number
1
Number of Pages
XV, 210
Topics