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Lloyd's Maritime and Commercial Law Quarterly

LIMITATION OF LIABILITY FOR MARITIME CLAIMS: THE SEARCH FOR INTERNATIONAL UNIFORMITY

Patrick Griggs*

Uniformity of law

The search for international uniformity of maritime law has exercised the ingenuity of lawyers back into the Middle Ages. Students of maritime law will need no reminding of early regional codes such as the Code of Barcelona, the Laws of Oleron and those of Visby. These regional codes of enormous antiquity set the pattern for the Codes and Conventions which now regulate all aspects of the maritime trade.
It is instructive to study the history of the Comité Maritime International (CMI) to see what motivated that organization in its search for uniformity in international maritime law. In 1972 a history of the CMI from its foundation in 1897 was written by two famous Belgians, Albert Lilar and Carlo van den Bosch, both of whom were Professors at the Vrije Universiteit in Brussels as well as luminaries of the CMI. In opening their history of the CMI they wrote:1
The history of maritime law bears the stamp of a constant search for stability and security in the relations between the men who commit themselves and their goods to the capricious and indomitable sea. Since time immemorial, the postulate which has inspired all the approaches to the problem has implied the establishment of a uniform law.

The history of limitation

The search for uniformity in relation to limitation of liability has been long and by no means successful, as this paper will demonstrate. It is worth spending a little time looking at the history of this search.
In the world of commerce, breach of contract or a tortious act is likely to result in a claim for compensation against the wrongdoer. The level of compensation due may be easy or difficult to assess but once assessed it must be paid in full—the principle of restitutio in integrum. In certain circumstances the right to full compensation is limited, either because of the express terms of the contract governing the transaction or because the right to a full recovery has been limited by statute. Contractually agreed limits will be found, for example in ship repair contracts, where a right to claim damages may be restricted to the cost of repairing physical damage—claims for consequential loss being specifically excluded. Examples of the second, statutory, type of restriction are to be found in the field of carriage of goods and passengers by land, air and sea.

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