SHIPOWNERS' LIMITATION OF LIABILITY AND CONFLICTS OF LAW: THE PROPERLY APPLICABLE LAW. IN: MARITIME TRANSPORT
TL;DRAbstract
This article first outlines the origin and basic characteristics of the concept of limitation of shipowners' liability in common law as well as civilian jurisdictions. It describes the traditional substance/procedural dichotomy, and demonstrates its inadequacy in resolving conflict of law problems in respect of shipowners' limitation. Conflict of law directives in international conventions are reviewed, and how national legislation and jurisprudence in the United States, the United Kingdom, France and Canada have dealt with limitation is examined. The article also provides some specific examples and proposes a methodology for discovering the properly applicable law, applicable not only in respect of limitation of shipowners' liability but also in any other conflicts problem.
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This article first outlines the origin and basic characteristics of the concept of limitation of shipowners' liability in common law as well as civilian jurisdictions. It describes the traditional substance/procedural dichotomy, and demonstrates its inadequacy in resolving conflict of law problems in respect of shipowners' limitation. Conflict of law directives in international conventions are reviewed, and how national legislation and jurisprudence in the United States, the United Kingdom, France and Canada have dealt with limitation is examined. The article also provides some specific examples and proposes a methodology for discovering the properly applicable law, applicable not only in respect of limitation of shipowners' liability but also in any other conflicts problem.
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