Limitation of liability in the context of the European third maritime safety package

Abstract

The main concern of this thesis is the juxtaposition of the status currently endorsed by limitation of liability regimes in the international maritime sector with that envisaged in view of two proposals being put forward by the European Commission in the adoption of its Third Maritime Safety Package. Chapter 1 lends insight into the evolution of this third package and its current status, following some of the most important and influential maritime disasters. Following this, Chapters 2 and 3 deal with the two European Union proposals which respectively elaborate on the liability of passenger carriers and that of shipowners in general. Both these chapters assess the existing international legislation and put forward the situation as expounded by the new proposals with regards to limitation of liability, as beneficial or detrimental to the maritime industry as a whole. In assessing both these proposals special emphasis is placed on their applicability and on whether they would be as far reaching as might be expected; if and when they are adopted. Chapter 4 appraises how these two proposals were received by the European Member States and the maritime industry in general, and goes on to observe the current state of affairs; especially in light of recent specific decisions taken. In conclusion, this thesis will assess whether, in case these two proposals are adopted, they would offer a more promising alternative to the current European situation or otherwise, in light of the already existing liability regimes.