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22 Limitation of Liability for Maritime Claims

Norman A Martínez Gutiérrez

From: The IMLI Manual on International Maritime Law: Volume II: Shipping Law

Edited By: David J Attard, Malgosia Fitzmaurice, Ignacio Arroyo, Norman Martinez, Elda Belja

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 04 December 2021

Modes of liability — Seafarers — Nationality of ships — Straits — Claims

This chapter explores the limitation of liability for maritime claims. Specifically, it analyses the main provisions of the Convention on Limitation of Liability for Maritime Claims (LLMC Convention) and the actions being taken to improve the system built upon the 1996 LLMC Protocol. The Convention recognizes the right of limitation of liability for salvors, any person for whose act, neglect, or default the shipowner or salvor is responsible, and insurers of liability. The chapter then describes the different claims subject to limitation and the claims exempted from limitation, as well as conduct barring limitation which emerges if it is proven that the loss resulted from a person’s act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.

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