Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Refine search results

Journals help

  1. 2 Prawo Morskie

Authors help

  1. 2 Nesterowicz M. A.

Years help

  1. 1 2008

  2. 1 2007

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

US Superior Court ruling in the case of Willard Stewart v. Dutra Construction Company

100%
Nesterowicz M. A.
Prawo Morskie
|
2007
|
vol. 23
233-238
EN
The authoress of this article has previously addressed the topic of what constitutes a vessel in American jurisprudence based on the case of Willard Stewart v. Dutra Construction Company (Prawo Morskie, vol. 21, 2005). The text discusses the verdict of the Supreme Court of the United States of America, which was faced with deciding whether the dredger on which Willard Stewart worked was a vessel or not. The initial and appellate court verdicts declared that the dredger was not a vessel. The Supreme Court of the United States came to a different verdict. The 'Super Scoop' dredger was declared to be a vessel. This was because this device was used to transport the crew and tools over water to the worksite, where the device was anchored to the bottom and left there to drill a tunnel. It was also able to navigate waters. In this case, the Supreme Court laid out the widest possible definition of a vessel as well as a very wide definition of sailor. The court's decision is undoubtedly advantageous for many employees.
2

Exemption from the Principles of Competition in Maritime Transport: Understandings among Ship Owners' Mutual Insurance Clubs

100%
Nesterowicz M. A.
Prawo Morskie
|
2008
|
vol. 24
33-46
EN
In the nineteenth century a clause concerning civil liability was attached to Insurance documents in maritime transport. Concretely, this confirmed the insurer's acceptance of three-quarters of the liability for any collision. The ship owner accepted one quarter of the liability. Ship owners, wishing to spread the material risk of damages connected with the collision of vessels, began to join together in so-called mutual insurance clubs. Thirteen of the largest mutual insurance clubs formed a society called the International Group of P and I Clubs. This insures and reinsures more than 90% of world tonnage (and almost 100% of the cargo of European tonnage). The authoress discusses the decision of the European Commission (1999/329/WE) which grants the International Group of P and I Clubs exemption from the prohibition of cartel collusion and from two agreements: the International Group Agreement and the International Pooling Agreement, to both of which it exclusively applies. The first agreement limits competition between clubs and the possibility of bringing a ship owner insured in one club into another club by offering him a lower rate. The second agreement concerns the spreading of the risk of liability for claims among members of the Group.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.