Maritime
collisions are incidents of significant legal and economic consequence. They
not only endanger lives but also pose serious environmental threats and can
result in substantial financial losses. The legal treatment of maritime
collision liability is thus of paramount importance in international maritime
law. This thesis proposes a comparative analysis of maritime collision
liability between the legal frameworks of Civil Law country- The Netherlands
and Common Law country- India. While these countries have different legal
traditions, they both face the challenges of adjudicating maritime collision
claims. The proposed research aims to explore the alignment with different
international conventions dealing with maritime collision, the extent to which
legal frameworks in both countries address maritime collision liability and how
they govern the presumption of liability, limitation of liability for maritime
claims, and damages and compensation in the aftermath of maritime collision.
MAIN RESEARCH QUESTION:
“To
what extent do the legal framework of The Netherlands and India address
maritime collision liability, and how are the presumption of liability,
limitation of liability for maritime claims, and compensation mechanism
governed under these legal frameworks?”
CHAPTER
1: FUNDAMENTAL PRINCIPLES AND STATUTORY REGULATIONS
SUB-RESEARCH QUESTION: What are the fundamental principles and statutory
regulations that govern liability in maritime collision in The Netherlands and
in India? How do both the countries align with international conventions on
maritime collision law, and how these conventions integrated into their
domestic legal system?
CHAPTER
2: MARITIME COLLISION CLAIMS
SUB-RESEARCH QUESTION: How does the common law system in India and Civil law
system in The Netherlands address and adjudicate maritime collision claims?
CHAPTER
3: FAULT DETERMINATION AND PRESUMPTION OF LIABILITY IN
MARITIME COLLISION CASES
SUB-RESEARCH QUESTION: How is the concept of fault of the vessel and
presumption of liability is interpreted and operated in maritime collision
cases within civil law framework of The Netherlands and common law framework of
India?
CHAPTER
4: LIMITATION OF LIABILITY FOR MARITIME CLAIMS (LLMC)
SUB-RESEARCH QUESTION: How does LLMC framework operate in the civil law
jurisdiction of The Netherlands and the common law jurisdiction of India, and
what are the key procedural and substantive similarities and differences in its
application within each legal system?
CHAPTER
5: DAMAGES AND COMPENSATION MECHANISM IN THE AFTERMATH
OF MARITIME COLLISION
SUB-RESEARCH QUESTION: How does the Dutch and Indian legal system approach
the determination of damages and compensation mechanism in the aftermath of
maritime collision?
Cite and explain relevant case laws as well.
