Lamban, Zari Louise Angelique C.

Criminal culpability in maritime collisions: a re-visitation of Philippine maritime regulations / Zari Louise Angelique C. Lamban. - Cebu City : University of Cebu, 2018. - iv, 91 [various paging] leaves :

Thesis ( Degree of Juris Doctor) -- University of Cebu- Banilad, 2018.

Includes bibliographical references.

Summary: The archipelagic nature of the Philippines makes sea level a major facet of domestic trade and commerce, and travel. The Philippines being part of the family of nations became a signatory various international conventions aimed at ensuring safety and security of life at sea, the Philippine record of domestic maritime services has been marred by maritime collisions that took a heavy toll on life, limb and property, on hindsight; these tragedies could have been avoided by appropriate safeguards that should have been institutionalized by the appropriate laws.
This study intends to enact a special law imputing criminal liability on shipowners in case of maritime collisions through the qualitative comparative method of research to analyze the different laws and actual maritime collisions cases. With findings that shipowners in relation to the collision incidents that occurred in the Philippines place both direct and indirect role linked and caused the maritime collisions through breach of the duty of care provided for under the law. The imposition of criminal liability on shipowners of marine vessels involve in maritime collisions through breach of the duty of care provided for under the law. The imposition of criminal liability on shipowners of marine vessels involve in maritime collisions agents is realized necessary in order to put teeth on the establishing safety at sea, and is as well practicable as breach of duty of care has been imminently manifested by shipowners in providing passenger service due to preference over profits than safety of the public laid into the shipowners care.
For in order uplift the high standard of care imperatively demanded by the precariousness of human life and by the consideration that every person must in every way be safeguarded against all injury in transportation at sea, with recommendation of the passage of a special criminal law imposing criminal liability on shipowners whose marine vessels were involved in maritime collisions.


English

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