A comparative study of liability arising from the carriage of dangerous goods between Chinese and English Law

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A comparative study of liability arising from the carriage of dangerous goods between Chinese and English Law

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Title: A comparative study of liability arising from the carriage of dangerous goods between Chinese and English Law
Author: Lu, Chang
Advisor: Tettenborn, Andrew
Publisher: University of Exeter
Date Issued: 2009-08-25
URI: http://hdl.handle.net/10036/111213
Abstract: This thesis is about the rights and liabilities arising under English and Chinese law in respect of the carriage of dangerous cargo. It is noted that the danger in dangerous cargoes was not necessarily something in the goods themselves, but might well lie in the way they were packaged, looked after or transported. Accordingly, the responsibilities and liabilities of the various parties with regards to the carriage of dangerous cargoes are usually intertwined and complex. The purpose of this thesis is to analyse and evaluate the dangerous cargoes liabilities in English and Chinese law, by providing suggestions for existing problems in each country based on three sources: contract, tort and statute. Moreover, the chain of causation and concept of remoteness has particular importance in order to establish liability and decide which type and what amount of damage is recoverable. This thesis compares both countries’ liability regimes and how to secure compensation for its victims, and the restoration of the environment, with reference to the EU Environmental Liability Directive and relevant international conventions. The author draws her final conclusions from four important issues: (1) the meaning of dangerous cargo, the packing and handling; (2) the scheme of liability; (3) the channelling of liability; and (4) the type of recoverable damage.
Type: Thesis or dissertation
Keywords: Dangerous GoodsTortious LiabilityContractual LiabilityChinese lawCausationRemotenessMarine PollutionEU Environmental Liability Directive 2004/35Rotterdam RulesHNS Convention 1996


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