Liability for results of an accident in international private maritime law
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
To identify a liability for results of an accident in international private maritime law, first of all we have to note that this liability can be: contractual, non-contractual, and liability which can be used both cases. One of the most important problems in international private maritime law is the «conflict of qualifications» (conflict of laws), which is general for all international private law. This problem appeared because the same legal terms and concepts in different legal systems have different meanings and different definitions. The reasons for the «conflict of qualifications» (conflict of laws) are as follows: 1) when liability for the same damage is treated in national law differently from that which is contained in conventions; 2) when the competition between different kind of claims, which are allowed by the privet law of some states, which has received a practical expression in the complainant to opportunity bring in a claim which based on violation contractual terms or an objective rule of law on causing harm, at his discretion. Also, international private maritime law include a specifical type of responsibility, such as «direct liability». This type of liability concerns only certain types of damage, such as nuclear damage and damage by oil pollution at sea. However, such liability can be transferred to another person who is directly responsible for the damage. An example of such liability is the liability of the operator of a nuclear ship: 1) covers cases of damage to its own actions and actions of its employees (this liability is the same as ordinary civil liability); 2) the causal link between the harm caused and the behavior of the responsible person is not necessarily. Since, in accordance with the provisions of the 1962 Convention, the operator must also be responsible for any nuclear damage caused by his ship to any third party. It does not matter whether this person with the operator in contractual relations (for example, the owner of a port tug, which renders services under a contract of port towing in the execution of mooring operations or a ship repair company, etc.), or he has no legal relationship with them before the incident (for example, the tort relations of the owner of the ship, which collisioned to a nuclear ship). «Direct liability» has the following factors: 1) is the uncertainty of the circle of persons for whose actions it occurs; 2) the ultimate nature of «directed liability», which is manifested in the actual impossibility, according to the general rule, to transfer it to the person who directly caused the damage. Summarizing the above, the liability for results of an accident in international private maritime law is most fully show the problems, such as «conflict of qualifications» (conflict of laws) as well as the special kind of liability, such as «directed liability». This leads us to conclude that it is necessary to study these issues in the context of international private maritime law.
Authors and Affiliations
Olha Pereverzyeva, Serhii Shyshykin
Keywords
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