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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dc.contributor.author Lu, Chang en_GB
dc.date.accessioned 2010-09-16T07:35:58Z en_GB
dc.date.accessioned 2011-01-25T17:03:11Z en_US
dc.date.accessioned 2013-03-21T11:07:58Z
dc.date.issued 2009-08-25 en_GB
dc.description.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. en_GB
dc.identifier.uri http://hdl.handle.net/10036/111213 en_GB
dc.language.iso en en_GB
dc.publisher University of Exeter en_GB
dc.subject Dangerous Goods en_GB
dc.subject Tortious Liability en_GB
dc.subject Contractual Liability en_GB
dc.subject Chinese law en_GB
dc.subject Causation en_GB
dc.subject Remoteness en_GB
dc.subject Marine Pollution en_GB
dc.subject EU Environmental Liability Directive 2004/35 en_GB
dc.subject Rotterdam Rules en_GB
dc.subject HNS Convention 1996 en_GB
dc.title A comparative study of liability arising from the carriage of dangerous goods between Chinese and English Law en_GB
dc.type Thesis or dissertation en_GB
dc.date.available 2010-09-16T07:35:58Z en_GB
dc.date.available 2011-01-25T17:03:11Z en_US
dc.date.available 2013-03-21T11:07:58Z
dc.contributor.advisor Tettenborn, Andrew en_GB
dc.publisher.department Law en_GB
dc.type.degreetitle PhD in Law en_GB
dc.type.qualificationlevel Doctoral en_GB
dc.type.qualificationname PhD en_GB


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