A Study On Responsible Parties Under The Limitation Of Liability For Maritime Claims

This paper is intended to explore the legal issues related to the responsible parties under the limitation of liability for maritime claims. By study of the International Convention for the Unification of Certain Rules Relating to the Limitation of the Liability of the Owners of Sea-Going Vessels, 1924, the International Convention Relating to the Limitation of the Liability of Owners of Sea-going Ships, 1957 and the Convention on Limitation of Liability for Maritime Claims, 1976, it gets the legal basis of the responsible parties to limit their liability. Based on the ground theories of law, the Convention on Limitation of Liability for Maritime Claims, 1976 and the Maritime Code of the People's Republic of China, as well as shipping and judicial practices, this paper attempts to redefine the meanings of all the responsible parties, identify development tendency, and make suggestions for revision of the Maritime Code of the People's Republic of China.There are four chapters in this paper: Chapter 1 is concerned with the origin and development of limitation of liability for maritime claims system, by analysis of the early legislative provisions of Common Law system and Civil Law system; Chapter 2 focuses on the legal basis to limit liability with regard to the evolution of responsible parties; Chapter 3 discusses the background to legislate on responsible parties by analysis of the historical background of the three conventions aforesaid and covers the definition of the responsible parties in the light of some relevant concepts; Chapter 4 is devoted to exploring the development tendency of the responsible parties and making suggestions for legislative amendments, by comparison of the legislations of Britain, USA, Canada and Russia.Based on the analysis above, some conclusions have been drawn: (a) Limitation statues are aimed at addressing issues concerning shared risks, high cargo values, limited share capital and promotion of the shipping industry, etc.; (b) Nowadays, theoretical basis for responsible parties to limit liability is oriented from their operation or interests of the vessel; (c) The scope of the responsible parties should remain unchanged.