Results 1 to 10 of about 85 (83)

A Study on Conduct Barring Limitation of Shipowner's Liability Based on the Korean Commercial Code

open access: yesAsian Journal of Shipping and Logistics, 2016
When a maritime claim is initiated against a shipowner, the Korean Commercial Code permits the shipowner to limit his liability. However, the right to limit liability will be denied in a case of the shipowner's willful misconduct or other reckless act or
So Yeon Kim, Yeong Seok Cheong
doaj   +2 more sources

Comparison of Problems Related to the Carriage of Goods by Sea Between Traditional and Autonomous Vessels [PDF]

open access: yesTransNav, 2021
When performing the carriage of goods by sea, each contracting party, shipowner and charterer, has a number of rights and obligations. In legal sources which regulate carriage of goods by sea, in particular contracts concluded between parties ...
Marija Pijaca, Božena Bulum
doaj   +1 more source

Issues of the shipowner's liability for damage caused by oil pollution from sea-going vessels

open access: yesRUDN Journal of Law, 2022
The article is devoted to the review and study of some issues of shipowners' liability for environmental pollution damage by oil products from sea-going vessels.
Aleksandra I. Aleksenko   +1 more
doaj   +1 more source

Pravni okvir odgovornosti brodara za smrt i tjelesne ozljede člana posade u angloameričkom pomorskom zakonodavstvu

open access: yesPoredbeno Pomorsko Pravo, 2022
With regard to the legal regulation of the shipowner’s civil liability for damage caused by the death and personal injury of a crew member in various national legislations, although they are based on different legal traditions, their common feature is ...
Igor Vio
doaj   +1 more source

Limitation of the Liability of Shipowners [PDF]

open access: yesColumbia Law Review, 1935
THE Report of the Imperial Shipping Committee,' which has just been published, contains certain reconmmendations which, if carried out, would effect such fundamental changes in the English law, that the findings of the committee call for very careful consideration on the part of all the interests concerned.
openaire   +2 more sources

Profit‐with‐purpose corporations: Why purpose needs law and why it matters for management

open access: yesEuropean Management Review, Volume 20, Issue 4, Page 733-740, December 2023., 2023
Abstract In this contribution, we present the recent reform of corporate law in France (2017–2019) and discuss its implication at two levels. So far, “purpose” was mainly a managerial concept, and most efforts to make corporations responsible have not changed the legal constitution of the corporation.
Blanche Segrestin, Kevin Levillain
wiley   +1 more source

Prioritising Proof over Speculation: Resolving the Prospective Inability Problem in Contract Damages

open access: yesThe Modern Law Review, Volume 86, Issue 4, Page 843-871, July 2023., 2023
Where one contracting party accepts the other party's repudiation should the former party's entitlement to substantial damages depend upon proof of its future ability to perform? The relevant case law is notoriously complex, and the question remains unsettled.
David Winterton
wiley   +1 more source

Unjust enrichment in investor–State arbitration: A principled limit on compensation for future income from fossil fuels

open access: yesReview of European, Comparative &International Environmental Law, Volume 32, Issue 2, Page 358-370, July 2023., 2023
Abstract If States take seriously the Paris Agreement's mitigation goal by phasing out the use of fossil fuels in energy production, investor–State arbitration could allow claimants to recoup lost value. In awards of compensation, tribunals typically apply forward‐looking, income‐based valuation methods to quantify future cash flows.
Oliver Hailes
wiley   +1 more source

Intercontinental shipping in the European Union emissions trading system: A ‘fifty–fifty’ alignment with the law of the sea and international climate law?

open access: yesReview of European, Comparative &International Environmental Law, Volume 32, Issue 1, Page 29-43, April 2023., 2023
Abstract The European Commission has proposed to extend the European Union (EU) emissions trading system to 50% of the carbon dioxide emissions from intercontinental maritime voyages that start or end at European ports. Yet, it remains unclear why this ‘fifty–fifty’ scope was selected and whether it is compatible with international law.
Manolis Kotzampasakis
wiley   +1 more source

The public interest dimension of the single market for data: Public undertakings as a model for regulating private data sharing

open access: yesEuropean Law Journal, Volume 29, Issue 1-2, Page 91-113, January-March 2023., 2023
Abstract Data plays a crucial role for society. Accordingly, building a ‘single market for data’ by increasing the availability of public and private data ranks high on the EU policy agenda. But when advancing legal data sharing regimes, there is an inevitable need to balance public and private interests. While the European Commission continues to push
Heiko Richter
wiley   +1 more source

Home - About - Disclaimer - Privacy