The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea

Author: Meltem Deniz Güner-Özbek
Publisher: Springer Science & Business Media
ISBN: 9783642196508
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The international carriage of goods by sea has been regulated by international conventions. These include the “International Convention for the Unification of Certain Rules of Law relating to Bills of Lading” (“Hague Rules”); the “Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading” (“Visby Rules”); and the “UN Convention on the Carriage of Goods by Sea." They were adopted in 1924, 1968 and 1978 respectively and the transport industry's commercial needs have since substantially changed. Furthermore the advent of subsequent regimes has resulted in the uniformity in the carriage of goods by sea once provided by the Hague Rules being lost. In order to update and modernize existing regimes the “UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea” (“Rotterdam Rules”) was adopted on December 11, 2008 by the UN General Assembly and opened for signature on September 23, 2009. Since then drafters of the Rotterdam Rules, academics and practitioners have been publicizing, discussing, and evaluating the Rules. This book is an effort to further explore those same goals.

The Rotterdam Rules 2008

Author: Alexander von Ziegler
Publisher:
ISBN:
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The 2008 UNCITRAL Convention commonly known as the Rotterdam Rules promises to achieve the hitherto elusive goal of a legal unification of international transport contracts. Its innovative set of rules accommodates such modern trade practices as those treating the carriage of goods by sea as part of wider door-to-door commercial transport operations and those relying on electronic commerce. It closes many gaps in the existing international transport regime, thoroughly specifying the relation of transport documents to the rights and obligations between exporters and importers of goods, and clarifying the interests of credit and insurance in contracts of carriage. This remarkable book, which will examine the Rotterdam Rules in depth, is edited and written by international lawyers intimately familiar with the negotiations leading to the Convention in finished form. It proceeds by a detailed analysis of each of the Convention's 18 chapters in turn, in a clause-by-clause manner, drawing attention to interlinking implications throughout the document. The book's lucid insights and guidance are especially valuable in showing exactly how the Rules improve the existing international transport regime through its clearer and more complete regulation of such elements as the following: * allocation of burden of proof; * evidentiary value of transport documents and electronic records, including non-negotiable documents and records; * freedom of contract in respect of volume contracts; * continuous character of the obligation of seaworthiness; * limits of liability; * rights during transit; * recovery of loss of and damage to goods caused by accidents of navigation; * jurisdiction and arbitration; * role of subcontracted carriers both on sea and inland; * role of warehouses, transport terminals and stevedoring companies; * risks and contract practices of lenders; * interests of freight forwarders, cargo insurers and liability insurers; and * prevention of maritime fraud. The authors provide a crystal-clear picture that allows the reader to appreciate the balanced way in which the interests of the various stakeholders are addressed by the Rules - the greater legal certainty for each party's legal position, the freedom to extend the Rules by contract to the whole transport operation, the clear legal basis for the use of electronic transport records, and the flexibility with which the Rules have left room for evolving trade practices. It will be of immeasurable value to practitioners and all parties interested in understanding how the new Convention operates and how the provisions are intended to be applied after the Convention comes into force.

The Rotterdam Rules and International Trade Law

Author: Ioanna Magklasi
Publisher: Routledge
ISBN: 1351629921
Format: PDF, ePub, Docs
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This book offers an original academic study of the Rotterdam Rules. It analyses the salient articles that will have an impact on international sale contracts governed by English law, including the most popularly used international law instruments, terms and standard sale contracts. Looking beyond the legal relationship of carrier-shipper and carrier-receiver, this book examines the important articles of the Rotterdam Rules that affect the ability of the trading protagonists to perform their sale contract.

The Carriage Of Goods By Sea Under The Rotterdam Rules

Author: Rhidian Thomas
Publisher: Taylor & Francis
ISBN: 1317324455
Format: PDF, ePub
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This book is based on papers presented at the Sixth International Colloquium organised by the Institute of International Shipping and Trade Law, Swansea University, in September 2009. The sixteen contributions have been written by a team of international experts who collectively submit the newly proposed Rotterdam Rules to asustained, penetrative and comprehensive analysis. The scale of the Rotterdam Rules is staggeringly wide, as also are their detail and complexity, and coming to a full understanding of the provisions and implications ofthe Rules represents a challenge even to those experienced in the law and practice of commercial shipping. This book examines virtually all aspects of the Rules and will provide an effective, reliable and readable guide to everyone seeking a complete grasp of the Rules.

The Obligations of the Carrier Regarding the Cargo

Author: Ilian Djadjev
Publisher: Springer
ISBN: 3319624407
Format: PDF, ePub
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This book addresses the legal and contractual obligations of sea carriers regarding due care for the cargo under a contract of carriage. While the general framework employed is the leading international liability regime, the Hague-Visby Rules, the discussions in each chapter also account for the possible future adoption of a new regime, the Rotterdam Rules.The subject matter concerns the standard for the duty of care for goods as codified in the Hague-Visby Rules, but the work also touches upon a wide range of related topics found both in law and in practice, providing valuable commercial, technical and historical links as well as various solutions that have been found at the national and international level to address challenges arising in this specialised area of law. The book is divided into six chapters, which gradually reveal the complexity of the topic. Chapter 1 provides a thorough introduction to the two main transport documents in use, and to the basic logic behind shipping, sea-going trade and related national and international legislation. In turn, Chapter 2 presents an overview of the relevant provisions of the Hague-Visby Rules. Chapters 3, 4 and 5 examine the problems arising out of the insertion of a FIOS(T) clause in the contract of carriage; the carriage of goods on deck; and the carriage of goods in containers, respectively. Lastly, Chapter 6 provides an overall conclusion on the legal status quo and current practice, as well as future prospects.The book was written with a number of potential readers in mind and is intended to open up the topic to a broader audience. It is suitable both for readers who wish to advance their learning (e.g. professionals, practitioners and postgraduates) and for readers with little or no prior knowledge of the topic (e.g. students and researchers).

Freight Forwarding and Multi Modal Transport Contracts

Author: David Glass
Publisher: Taylor & Francis
ISBN: 1317995813
Format: PDF, ePub, Docs
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Freight Forwarding and Multimodal Transport Contracts, 2nd Edition, is a comprehensive guide to the law in relation to contract forms and terms created by operators, trade associations or international bodies such as the UN and used as a basis for trading conditions by freight forwarders, logistics suppliers, combined or multimodal transport operators and container operators. This second edition examines the latest editions of contract forms and terms, both where their object is the supply or procurement of multimodal carriage, as well as where they are directed to the use of combined transport equipment (ie containers, swap bodies). Of particular prominence will be a detailed examination of the latest versions of conditions used by the principal UK forwarding, logistics, intermodal and container operators such as the British International Freight Association (BIFA) conditions 2005A and the current Freightliner Conditions as well as updates on many of the conditions in use and legal developments relevant to them, eg Road Haulage Association Conditions 2009, Maersk Conditions of Carriage, TT Club Conditions.

International Maritime Conventions Volume 1

Author: Francesco Berlingieri
Publisher: CRC Press
ISBN: 1317750586
Format: PDF, ePub, Mobi
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For the first time, this unique text brings together all private international maritime law conventions alongside expert commentary and analysis. Truly global in approach, the book covers each of the nineteen conventions currently in force, all scrutinised by this internationally-acclaimed author. It also examines important maritime conventions not yet in force, including the topical Rotterdam Rules. Split into three convenient volumes, this comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this first volume, the author covers conventions dealing with the Carriage of Goods and Passengers by Sea, in particular: - International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 and its Protocol of 1968 and 1979 (Hague-Visby Rules) - United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules) - United Nations Convention on the International Carriage of Goods wholly or Partly by Sea, 2008 (Rotterdam Rules) - Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 as amended by its Protocol of 2002 (Athens Convention) This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide.

Multimodal Transport Law

Author: Michiel Spanjaart
Publisher: Routledge
ISBN: 1351819356
Format: PDF, ePub, Docs
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An accessible introduction to multimodal contracts of carriage, Multimodal Transport Law works from general principles toward specific, technical problems. Adopting an international approach, it addresses such key topics as: Contracts of carriage Transport documents The parties to a contract of carriage International conventions on the carriage of goods Multimodal situations covered by unimodal conventions Conflict of laws The rules applicable to the individual legs of multimodal contracts of carriage The Rotterdam Rules Providing a close examination of the relevant rules, regulations and case law, this is essential reading for law students, useful for claims handlers and practitioners, and of interest for academics and legislators seeking a better appreciation of multimodal contracts of carriage.

The System of Liability of Articles III and IV of the Hague Visby Rules

Author: N.J. Margetson
Publisher: Uitgeverij Paris
ISBN: 9077320598
Format: PDF, ePub, Mobi
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This book contains a study of the system of liability under the Hague and Hague Visby Rules. The application of the Rules under American, English and Dutch law and incidentally Australian and Canadian law is researched to determine if the Rules are construed and applied uniformly. Where it is found that there are differences in the way a Rule is applied the intended construction of the Rule is established After a chapter on the construction of the Rules, the duties of the carrier contained in article III(1) and III(2) are discussed. Some of the most important exceptions of article IV and the relationship between those exceptions and the duties of the carrier are discussed in two separate chapters. There is also a chapter on the division of the burden of proof. The book ends with a chapter containing the conclusions derived from the comparative legal research throughout the book. A summary is included in English and Dutch.