The Carriage of Dangerous Goods by Sea

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Springer Science & Business Media, 2007 M11 14 - 352 pages
This book represents the Ph. D. study conducted at the Max-Planck Research School for Maritime Affairs at the University of Hamburg between 2004 and 2007. The topic of the study was suggested by my supervisor, Prof. Dr. Peter Mankowski. I want to express my deepest gratitude and thanks to Prof. Dr. Mankowski for his meritorious contribution, invaluable support and encoura- ment. I would like to extend my appreciation and thanks to second examiner Prof. Dr. Ulrich Magnus for the expeditious submission of the second opinion on my dissertation. The Max-Planck Research School for Maritime Affairs is distinct in its mul- disciplinary post-graduate study on maritime matters. I am deeply honored to be a member of the Max-Planck Research School. I am most grateful to its Directors for admitting me as a scholar, providing me with a generous scholarship and grant for the publication of this book in the Hamburg Studies on Maritime Affairs series. Thanks are also due to the former and current coordinators of the Research School for their guidance and assistance. I owe particular thanks to Dr. Silke Knaut and Ms. Vera Wiedenbeck for their great care. The library of the Max- Planck Institute for Comparative and International Private Law is a treasury of resources and has provided me with a convenient and efficient environment to carry out research for my dissertation. The Hanseatic City of Hamburg with its maritime flair is an excellent place to study maritime matters.
 

Contents

Dangerous goods regulations
5
Other instruments
21
E The HNS Convention
27
Meaning of dangerous goods
39
Relevance of the IMDG Code in carriage contracts
45
F What should be considered dangerous?
84
Duties of the carrier
120
Is the carrier obliged to carry dangerous goods?
127
J The carriers rights
184
Liability towards third parties
196
Limitation of liability and insurance
203
E The CMIUNCITRAL draft instrument
209
G Insurance
228
Thirdparty liability for damage arising from the carriage ofHNS
241
Development of HNS Convention
243
The HNS Convention 1996
260

E Duties under the CMIUNCITRAL draft instrument
132
Rights and liabilities of the parties 137
136
Is strict liability proper?
155
No strict liability where the carrier has knowledge
159
E Liability where both parties have knowledge
163
H Dangerous goods and charterparties
176
Conclusion 285
284
Substances by Sea 1996
300
Multimodal Dangerous Goods Form
333
Bibliography
335
Index 347
346
Copyright

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