Systems of general limitations of liability in maritime law – the need for unification of maritime law

• Main Authors: Melita Bošnjak, Aleksandra Vasilj
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2011-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: general limitation of carrier’s liability; carrier; the specific limits of liability; pollution with natural oils (petroleum); harmful and hazardous substances
• Online Access: http://hrcak.srce.hr/file/107778

This paper discusses the issue of system of general limits of liability in maritime law. After a historical description of international legal regulation of this problem, the paper deals with this issue in the current international legal sources and Croatian law. It also investigates how this issue was regulated in the latest attempt of unification of transport by sea on the international level. The paper expounds the differences in approach of resolving this issue and possible solutions that should strive in modern regulations on national and international level, in order to harmonize the legal regulation. In the area of legal regulation of carriage of goods by sea, there are several different international legal instruments in respect of issues of common limitation of liability in maritime law, but conventions and texts of related protocols differ. Although there are many conventions and protocols, the desired degree of unification of maritime law has not been achieved yet. The rules on limitation of liability are segments of maritime law in which comes to the fore the problem of lack of uniform international regulations.