Effects of Insurance on Maritime Liability Law (Record no. 92997)

000 -LEADER
fixed length control field 03971nam a22004935i 4500
001 - CONTROL NUMBER
control field 978-3-319-03488-1
003 - CONTROL NUMBER IDENTIFIER
control field DE-He213
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20140220082513.0
007 - PHYSICAL DESCRIPTION FIXED FIELD--GENERAL INFORMATION
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008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
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020 ## - INTERNATIONAL STANDARD BOOK NUMBER
International Standard Book Number 9783319034881
-- 978-3-319-03488-1
024 7# - OTHER STANDARD IDENTIFIER
Standard number or code 10.1007/978-3-319-03488-1
Source of number or code doi
050 #4 - LIBRARY OF CONGRESS CALL NUMBER
Classification number KZA1002-5205
050 #4 - LIBRARY OF CONGRESS CALL NUMBER
Classification number KZD1002-6715
072 #7 - SUBJECT CATEGORY CODE
Subject category code LBB
Source bicssc
072 #7 - SUBJECT CATEGORY CODE
Subject category code LAW051000
Source bisacsh
082 04 - DEWEY DECIMAL CLASSIFICATION NUMBER
Classification number 341.4
Edition number 23
082 04 - DEWEY DECIMAL CLASSIFICATION NUMBER
Classification number 341
Edition number 23
100 1# - MAIN ENTRY--PERSONAL NAME
Personal name Masum Billah, Muhammad.
Relator term author.
245 10 - TITLE STATEMENT
Title Effects of Insurance on Maritime Liability Law
Medium [electronic resource] :
Remainder of title A Legal and Economic Analysis /
Statement of responsibility, etc by Muhammad Masum Billah.
264 #1 -
-- Cham :
-- Springer International Publishing :
-- Imprint: Springer,
-- 2014.
300 ## - PHYSICAL DESCRIPTION
Extent XV, 210 p.
Other physical details online resource.
336 ## -
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-- txt
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337 ## -
-- computer
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-- rdamedia
338 ## -
-- online resource
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347 ## -
-- text file
-- PDF
-- rda
505 0# - FORMATTED CONTENTS NOTE
Formatted contents note 1. Introduction -- 2. Lack of Insurance and Its Effect on Maritime Liability Law: A Historical Evaluation -- 3. Insurance and Limitation of Ship owners’ Liability: An Economic Analysis -- 4. Insurance through General Average: Its Justifications and Effects on Optimal Care and on Social Costs -- 5. Maritime Cargo Liability Regimes in Light of Insurance Realities -- 6. Role of Insurance in Providing Adequate Compensation for Oil Pollution Damage and in Reducing Oil Pollution Incidents -- 7. Incentive Effect of Liability Rules in the Presence of Liability Insurance -- 8. Conclusion.
520 ## - SUMMARY, ETC.
Summary, etc 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.
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Law.
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Environmental pollution.
650 14 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Law.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Law of the Sea, Air and Outer Space.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Insurance.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element International Environmental Law.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element International Economic Law, Trade Law.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Theories of Law, Philosophy of Law, Legal History.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Waste Water Technology / Water Pollution Control / Water Management / Aquatic Pollution.
710 2# - ADDED ENTRY--CORPORATE NAME
Corporate name or jurisdiction name as entry element SpringerLink (Online service)
773 0# - HOST ITEM ENTRY
Title Springer eBooks
776 08 - ADDITIONAL PHYSICAL FORM ENTRY
Display text Printed edition:
International Standard Book Number 9783319034874
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier http://dx.doi.org/10.1007/978-3-319-03488-1
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