LEADER 05496nam 22008415 450 001 9910483658703321 005 20200920170519.0 010 $a3-319-03488-X 024 7 $a10.1007/978-3-319-03488-1 035 $a(CKB)3710000000083726 035 $a(EBL)1636507 035 $a(OCoLC)876161313 035 $a(SSID)ssj0001156945 035 $a(PQKBManifestationID)11761733 035 $a(PQKBTitleCode)TC0001156945 035 $a(PQKBWorkID)11200590 035 $a(PQKB)10229821 035 $a(MiAaPQ)EBC1636507 035 $a(DE-He213)978-3-319-03488-1 035 $a(PPN)176107983 035 $a(EXLCZ)993710000000083726 100 $a20140107d2014 u| 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aEffects of Insurance on Maritime Liability Law$b[electronic resource] $eA Legal and Economic Analysis /$fby Muhammad Masum Billah 205 $a1st ed. 2014. 210 1$aCham :$cSpringer International Publishing :$cImprint: Springer,$d2014. 215 $a1 online resource (222 p.) 300 $aDescription based upon print version of record. 311 $a3-319-03487-1 320 $aIncludes bibliographical references and index. 327 $a1. 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. 330 $aThe 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. 606 $aLaw of the sea 606 $aInternational law 606 $aInsurance 606 $aInternational environmental law 606 $aTrade 606 $aLaw?Philosophy 606 $aLaw 606 $aWater pollution 606 $aLaw of the Sea, Air and Outer Space$3https://scigraph.springernature.com/ontologies/product-market-codes/R19060 606 $aInsurance$3https://scigraph.springernature.com/ontologies/product-market-codes/626030 606 $aInternational Environmental Law$3https://scigraph.springernature.com/ontologies/product-market-codes/R19070 606 $aInternational Economic Law, Trade Law$3https://scigraph.springernature.com/ontologies/product-market-codes/R19050 606 $aTheories of Law, Philosophy of Law, Legal History$3https://scigraph.springernature.com/ontologies/product-market-codes/R11011 606 $aWaste Water Technology / Water Pollution Control / Water Management / Aquatic Pollution$3https://scigraph.springernature.com/ontologies/product-market-codes/U35040 615 0$aLaw of the sea. 615 0$aInternational law. 615 0$aInsurance. 615 0$aInternational environmental law. 615 0$aTrade. 615 0$aLaw?Philosophy. 615 0$aLaw. 615 0$aWater pollution. 615 14$aLaw of the Sea, Air and Outer Space. 615 24$aInsurance. 615 24$aInternational Environmental Law. 615 24$aInternational Economic Law, Trade Law. 615 24$aTheories of Law, Philosophy of Law, Legal History. 615 24$aWaste Water Technology / Water Pollution Control / Water Management / Aquatic Pollution. 676 $a340 676 $a340.1 676 $a341 676 $a341.4 700 $aMasum Billah$b Muhammad$4aut$4http://id.loc.gov/vocabulary/relators/aut$01230078 906 $aBOOK 912 $a9910483658703321 996 $aEffects of Insurance on Maritime Liability Law$92855324 997 $aUNINA