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On The Compensation Scope And Limitation Of Liability Referring To Casualties At Sea

Posted on:2004-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2156360092987605Subject:International Law
Abstract/Summary:PDF Full Text Request
This paper is in essence a comparative study of the different ways of compensation in China and abroad for casualties at sea. It aims to bring up to date China's laws and regulations of compensation for casualties at sea, so that they would better fit in with the fast-changing social, economical and legal situations in China after its accession to the World Trade Organization .It attempts to seek out, to be specific, a way of compensation as sound as possible which would maximally protect the legitimate rights of both the owners of vessels and the victims, hopefully by satisfactorily balancing the interests of the two parties. The ultimate purpose of this paper therefore, is to provide certain theoretical support for modifying relevant laws and regulations in this realm in China.The two key issues addressed in this paper are firstly the coverage of compensation for casualties at sea and secondly the limits of the owner's liabilities. They are dealt with step by step in six chapters.Chapter one is preface.Chapter two takes a look at the relevant theoretical knowledge, including the definition of casualties at sea, and how to define the limits of both the coverage of compensation and owner's liabilities.Chapter three compares and contrasts the domestic, and the international coverage of compensation for casualties at sea. Current problems and their causes are also discussed.Chapter four is a comparative study of the domestic limits of owner's liabilities and the international ones. Current problems and their causes are again pointed out.Chapter five follows by a summary of the major problems currently exist in the area under discussion. Highlighted are these issues: how to decide upon one of the two sets of laws applicable, penalty compensation, modification of the limits of liabilities, and the limits of liabilities for individual victims other than passengers.Chapter six concludes this paper with numbers of suggestions for improving China's laws and regulations in the area being investigated.
Keywords/Search Tags:Casualties at Sea, Compensation Scope, Limitation of Liability
PDF Full Text Request
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