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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).
Carriers who assume an obligation to carry cargo from one place to another by sea are the only ones in a position to prevent loss or damage to the cargo, and so by rights assume a degree of liability for its safety. Such liability is defined in the three maritime transport regimes, adopted respectively in 1924, 1968, and 1992. A practicing attorney and consultant to the Turkish Ministry of Foreign Affairs, Karan (law, Ankara U.) explores the liability principles that should be uniformly accepted or rejected for legal reasons, limiting his discussion to legal aspects of the international carriage of goods by sea as covered by the relevant sections of the three conventions. The text is double spaced. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).
This book deals with the carrier’s liability for deck cargo in the Nordic countries and England as state parties of the Hague-Visby Rules. The comparative method serves to illustrate two widely differing methods of dealing with, first, the exclusion of certain deck cargo from the scope of the Hague-Visby Rules and, second, where not excluded, the Rules failure to include a special deck cargo liability regime. Various solutions similar to the English or Nordic approach, or a combination of the two, have also been adopted in a large number of other jurisdictions. Taking into consideration the massive quantities of cargo that are carried on deck today, the subject is more topical than ever. The complexity of the problem stems from the way in which the deck has, over the years, gradually become a common place to stow cargo. When the Hague Rules were introduced in 1924, deck stowage was an absolute exception due to the great risks involved. As such, the topic must first be looked at in the context of the shipping realities in which the Hague Rules were drafted and then in terms of today’s shipping realities. The comparative analysis leading up to the author’s conclusions and general remarks for future legislation consists of two parts, the first dealing with the situations in which the carrier is permitted to stow cargo on deck, and the second with the carrier’s liability for deck cargo where he has stowed cargo on deck with, or as the case may be, without such permission.
This book, written in three parts, covers the basics of the international trade, financing and the legal framework related to the law of carriage of goods by sea, elaborates on bills of lading in depth and sea waybills and ship’s delivery orders in brief and charterparties in depth. While the book is based on the English law, cases and materials from other jurisdictions, particularly Singapore, Malaysia, India, the USA, and Australia are brought in to provide an international perspective. The practical analyses, commentary and critiques of cases would be a useful guide for practitioners in developing case arguments. Although written with practitioners, academicians and students in mind, the book will also serve as a useful guide for sea carriers, freight forwarders, international traders, financiers, etc. as the complex subject is presented in reader-friendly and easy to grasp manner.
Uniformity of Transport Law through International Regimes addresses the problem of uniformity of transport law and the potential solutions at international and EU levels. It concerns transport conventions and other instruments dealing mainly with carriage of goods by sea and multimodal transport as well as examining the Rotterdam Rules as one of the solutions towards uniformity in carriage of goods law. The discussion on international uniformity in transport law is complemented by an examination of regional harmonization in the context of EU law-making and jurisprudence in the field of international transport. The comparison between international and regional regimes reveals the complexities in application and interpretation of the certain transport conventions which is detrimental to achieving uniformity.
This book discusses the problem of sea carriers’ liability, with a particular focus on role of the technologies that have been employed to support maritime transport in recent decades. It examines the Hague Rules, providing an overview of the precedent standard of liability, its historical development up until its application, and its construction at the current time. To do so, it presents two exemplary studies from English and American case law, and analyzes the situations in which the courts have required the application of new technologies as part of the duties set in the current governing liability regime. Written in an easy-to-follow style, the book offers not only an unique overview of the applications of technologies in making ships both seaworthy and cargo-worthy, but also a practice-oriented guide to understanding and making decisions about sea carriers’ liability. It is intended for law practitioners as well as advanced graduate students and researchers in the field of maritime shipping, transport and insurance law