4th International Conference of Maritime Law (2001)

The 4th International Conference of Maritime Law was held on 6-9 June 2001 and examined the liability to pay damages under Greek and International maritime law.

As had happened in each former event in the context of this institution, the choice of the subject was based on modern reflections and this subject was chosen with a view to the presentation of the matter of the compensation for damages in maritime law from a dynamic aspect. This Conference examined, especially from a legislative point of view, the liability to pay damages in the maritime field as an international problem, under Greek and International maritime law. The ship sails permanently at sea, it passes often from one legal system to another. Shipping is universal. Despite the admirable technical progress, the perils of navigation are always appreciable. Marine insurance has been greatly developed because of them. These factors imposed the formulation of special rules and principles in the maritime field concerning the liability to pay damages. In spite of the fact that these special rules come into force in the legal system of every maritime country, they have common characteristics, though they demonstrate great resistance to developments.

 

The 4th Conference was structured in three sections. In the first section the liability, contractual and in tort, to pay damages was examined. The analysis was not limited to the examination of these two forms of liability themselves, but it was also extended to the relations between contractual liability and liability in tort to pay damages. Of course the research included the matter of the strict liability and the increased liability in general due to personal fault of the liable person.

In the second section there was analyzed the compensation for damages. In particular, the aim was to examine the general or the precise calculation of the damages in the maritime field, the compensation of the injured party during they provided services, or as a result of it, to the ship, the compensation of the damage under the application of the provisions for general average, the compensation of damages of third parties, especially in case of environmental damage, as well as the examination of the relations between the compensation of the damages and marine insurance. 

The third section focused on the important matter of the various forms of limitation of liability under Greek and International maritime law. The fact that the obligations to compensate damages obtained gradually greater social dimension, imposed in a more intense way the approach of the various forms of limitation of liability to compensate damages from a legislative aspect.  

The papers presented in this Conference were the following: Emmanuel Achukwu presented  “The limitation of shipowner’s liability - An overview of the Nigerian position”, José M. Alcantara dealt with the matter “The rule of restitutio in integrum in the measure of damages under maritime tort and contract”, Alberto Batini analyzed the subject: “Damages for wrongful arrest of a foreign ship in Italy: a serious risk for creditors?”, the Attorney-at-law at the Piraeus Bar Association Ioannis Vrellos presented: “Compensation owed by the shipowner – carrier in case of concurrence of contractual and tort liability”. Domingo G. Castillo elaborated the subject: “Limitation of liability in maritime accidents: The Philippine Experience”, Felix W. H. Chan - Wai Sum Chan analyzed the subject: “Actuarial assessment of damages in personal injury litigation: The Hong Kong position and the comparative international aspects”, Professor Eleni Gkologkina – Oikonomou dealt with the matter: “Liability to pay compensation for maritime claims, in full (Article 4 of the London Convention 1976, especially under Greek law)” and John Clegg analyzed the subject: “The elements and calculation of damages under U.S. Law for workers injured and killed aboard ship”. In addition, Emily Dérogée van Roosmalen and Taco van der Valk presented the paper entitled “Challenging the Himalaya in the Netherlands - The Dutch approach towards extra-contractual actions” and Nicholas Gaskell his paper: “Revision of the Athens Convention on the carriage of passengers and their luggage 1974”. Ranjan C. Gooneratne presented the paper: “Limitation of liability”, Patrick Griggs dealt with: “Proposals to amend the 1974 Athens Convention relating to the carriage of passengers by sea”, Giorgos Theocharidis procced with the presentation: “Protection from non-contractual modes of recovery in sea carriage. A comparison between Common Law and Civil Law systems” and John Karpousis examined: “Damages for maritime personal injury claims under United States Law”. Nikolaos Konstantinidis elaborated his paper under the title “Issues arising from the limitation of liability according to the International Convention of London (1976) (LLMC)”, Henry Li dealt with the matter: “Limitation of liability under the PRC maritime code” and Jonathan Lux with the matter: “Remedies - An overview of the various options”. Peter Gad Naschitz presented the subject: “The Legal Regime relating to cargo damage in Israel”, Aleka Sheppard – Mandaraka the subject:  “The ISM and its effect on shipowners and managers liabilities” and Yves Tassel the subject: «Le dommage élément de la faute». Lim Tean dealt with the matter: “Limitation of liability for marine claims in Singapore”, Antoine Vialard elaborated his paper: “Le naufrage de l’Erika et la réparation des dommages de pollution par les hydrocarbures” and Hongxiu Yao presented the paper under the title: “On earner’s liability for delay damage claims under Chinese maritime law”.

The minutes and reports of the Conference were published in 2001 by the publishing house “A. Sakkoulas” in a special volume entitled “The liability to pay damages under Greek and International maritime law”, with the care of the Piraeus Bar Association.

 

Board of Directors of the Piraeus Bar Association

V. Venetis President, G. Apostolidis Vice President, K. Petalas Secretary General, A. Alexandropoulou-Alevromyti Treasurer, Members: Ioannis Athanasoulias, Maria Galanopoulou, Ioannis Giatrakos, Konstantinos Gkaveras, Konstantina Gourgarea, Argyrios Dimovic, Nikolaos Liapakis, Ioannis Lykouris, Stelios Manousakis, Dimitris Militsis, Panagiotis Papatheodoropoulos, Konstantinos Resvanis, Georgios Stamatogiannis, Thomas Stamopoulos, Evangelos Tsouroulis.

Organizing Committee of the Conference

A. Antapassis President, Members: Lia Athanassiou, Dimitrios Astras, Sotirios Giannakakis, Nikolaos Gogios, Thomas Zafeiras, Ioannis Iriotis, Mikes Kountouris, , Stylianos Kousoulis, Nikolaos Konstantinidis, Konstantinos Markakis, Georgios Bairaktaris, Nikolaos Mpaltazanis, Ioannis Oikonomidis, Georgios Oikonomou, Panagiotis Pappas, Antonis Papadimitriou, Deukalion Rediadis, Ioannis Sarantitis, Pavlos Sioufas, Nikolaos Skorinis, Paschalia Timageni, Polychronis Tsiridis.

Editing 

Anthony M. Antapassis, Alexandra E. Christodoulea.


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