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首页> 美国政府科技报告 >Civil Liability and Compensation for Damages Caused by Certain Hazardous and Noxious Substances During Their Carriage by Sea. IIUG (Internationale Institut fuer Univelt und Gesellschaft) Discussion Papers
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Civil Liability and Compensation for Damages Caused by Certain Hazardous and Noxious Substances During Their Carriage by Sea. IIUG (Internationale Institut fuer Univelt und Gesellschaft) Discussion Papers

机译：海上运输中某些危险有毒物质引起的民事责任和赔偿。 IIUG（Internationale Institut fuer Univelt und Gesellschaft）讨论文件

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摘要

In this paper current international efforts directed at the establishment of a special legal regime for civil liability and compensation for damages caused by hazardous and noxious substances during their transport by sea, specifically chemicals and liquid gas products, are described and analysed. Special attention is given to the way in which concern with the development of an 'environment oriented' regime which provides full recovery for victims in a reliable manner, on the one hand, and, on the other, considerations relating to cost effectiveness complement or conflict with each other. Another important area of investigation concerns the potential role of the marine insurance industry in accident prevention through the provision of incentives for careful (i.e. safe and environmentally sound) behaviour. There is a distinct regulatory trend in favour of strict liability (i.e. liability without fault) and compulsory insurance. There is also a growing perception of the need to depart from the traditional pattern of maritime liability which channels liability automatically to the person exercizing operational control during transport by sea (i.e. the carrier), and to additionally impose liability on those responsible for the risks attached to the inherently harmful characteristics of the cargoes carried. (ERA citation 11:054092)

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