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The international liability funds in the maritime field

Mišo Mudrić ; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska


Puni tekst: engleski pdf 565 Kb

str. 167-191

preuzimanja: 1.057

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Sažetak

This Paper aims to explore the current system of the international
liability funds in the maritime field. Through the systematic
economical, legal and political analysis of the current and envisaged
international, regional and national liability funds connected to the
pollution of the seas, an overview of the function, efficiency and
critical considerations of the chosen liability funds will be presented.
A comparison between the international system of the compensation
for the oil pollution damage (and the pending hazardous and noxious
substances compensation model), and that of the United States is
necessary, in order to determine a difference in approaches these two
systems use to tackle the burning issues of oil (and hazardous and
noxious substances) spills. A special consideration will be devoted to
the questions of limited or unlimited liability, scope and strength of the
Protection & Indemnity insurance and reinsurance market, problems
of the channeling of the liability, moral hazard of the financial caps,
and the general lack of the liability funds in the maritime field. Finally,
an attempt will be made to consolidate the difference in opinions
regarding the previously mentioned issues, and to predict the possible
routes of changes awaiting the fund compensation systems.

Ključne riječi

CLC; OPA 90; maritime liability funds; limitation of liability; P & I

Hrčak ID:

41946

URI

https://hrcak.srce.hr/41946

Datum izdavanja:

30.8.2009.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.736 *