The Carriage of Dangerous Goods by SeaSpringer 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 |
335 | |
346 | |
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Common terms and phrases
accepted accordance actual adopted agent amount apply arising bill of lading breach bulk carriage carried carrier caused charterer chemical claim Class Committee common compensation concerned considered containers contract contributions court cover damage dangerous cargo dangerous nature definition delay documents draft duty effect established explosion fact fault fire freight give given governing Hague/Hague-Visby Rules hazardous held HNS Convention HNS Fund Ibid IMDG Code inherent International involved issue knowledge limitation listed Lloyd’s loading loss marine maritime master materials means nature necessary obligation operation owner packaged packing paragraph particular party person pollution port prevent protection question reasonably reference regard regulations relating relevant requirements respect responsible result risk Rules safe safety Second ship shipment shipowner shipper specific strict liability substances tion tort transport United vessel voyage