Abstract
The several hydrocarbon spills and other noxious and hazardous substances caused by ships in the marine environment raise the question of the application of the clauses that remove the limitation of liability of owners, many of them still tied to some canons of the 1920s of the last century, when the standards for safe navigation and the technologies used were to poor. In the following text, it is intended to review the application of the civil liability exemption clauses that respect the carrier's liability for damage (average) to cargo, and those that establish the benefit of limiting the owner’s civil liability for spills in the marine environment in respect for the requirement and codes of conduct that aim to delimit mandatory maritime safety standards on board, in line with what happens with other modes of transport.
Original language | Portuguese |
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Pages | 1-33 |
Publication status | In preparation - 11 Jun 2021 |
Keywords
- Exoneration Clauses
- Maritime Law
- Maritime Security Law
- Law of the Sea
- The Hague Rules
- Liability
- Marine Pollution
- Visby Protocol
- Maritime Transport
- Convention
- Carrier
- Guilt
- Gross Negligence
- Wilful Misconduct