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Published byJody Jones Modified over 5 years ago
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The development towards multinational transport company groups above and beyond the nation states
– how does the law respond to that?
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Complex and diffuse ownership and management structures in shipping
Starting points Complex and diffuse ownership and management structures in shipping No need for strategies in a free market
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Compulsory insurance certificates
Contact strategies Arrest Cabotage Compulsory insurance certificates
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Definitional strategies
Reder, armateur or owners pro hac vice Owner at the time of the incident Registered owner “the owner, including the registered owner, bareboat charterer, manager and operator of the ship” “effective management of the enterprise is situated.” Vessels registered in two states Real owner
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Organizational strategies
Designated person in charge of ship’s safety Reder Designated safety management organization Duty to make the ship seaworthy as a non delegable duty
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Clarification strategies
Norwegian law Rt Lys Line Rt Reksten Rt Fekete Undisclosed principal Contracting carrier remain liable
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Hostage strategies Providers of financial security Officers and crew
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Enforcement strategies
Jurisdiction not dependent on business organization Arbitration awards Limitation actions Public law
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Non-encouragement strategies Unification strategies
Other strategies Non-encouragement strategies Unification strategies
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Strategy shortcomings
Finding the right entity to sue Finding which companies that coordinate their actions Finding where the company has got funds
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