The Contracts Of Carriage Of Goods By Sea By Reference To International Instruments Such As The Hague Visby Rules

Essay from the year 2017 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 71, Coventry University, course: Oil, Gas and Energy Law, language: English, abstract: This essay will critically discuss the contracts of carriage of goods by sea which are covered by a bill of lading by making reference to governing international instruments such as the Hague-Visby Rules. It is right to say that trade in goods represent an essential share in the gross domestic product (GDP) of most states or regions, and that international trade transactions continue to support significantly, the economic growth and development of various nations. However, it must be noted that this trade is largely dependent on the transportation of such goods from one place to another except, of course, where the sale relates to electronic items such as software and electronic books. Otherwise, transportation is integral to international trade and depending on the sale contract (e.g. cost, insurance, freight – CIF or free on board - FOB) between the seller and the buyer, the seller is usually responsible for arranging for the transportation of the cargo from his country to the buyer’s country. The transportation of goods may be by air, road, rail, or sea. The transportation of goods, by whatever mode, must be done in a safe and efficient manner if the parties to the transaction are to be satisfied and trade relations, sustained. Therefore, it is paramount to have in place binding agreement between parties to any contract for the transportation of goods as well as laws which create, unify and, if necessary, regulate the transactions by setting minimum or further obligations, liabilities and rights for the parties.

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.

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.

This critical study of the principles covering the carriage of goods by sea concentrates mainly on an exposition of the law relating to charterparties and bills of lading. Coverage is also given to the development of new forms of documentation and to problems arising from through and combined transport, in so far as they relate to carriage of goods by sea. cargo claim such as arbitration, proper law and Mareva injuctions. Emphasis is on an English common law approach though reference is made to international conventions and Commonwealth and US case material. The legal principles are examined critically against the background of contemporary practice in the shipping industry and full coverage is devoted to the recent and potential developments in the field. undergraduate and postgraduate courses in shipping law run by universities and polytechnics. However, it should also be useful for the Bar option on International Trade and for courses for Master and Extra Master's Certificates. It may also be useful as a basic reference work for members of legal firms, P & I Clubs etc in the City who are involved in carriage claims.

An updated guide and commentary to the rules which regulate anti-doping in sport, including numerous case studies.

The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. Available in more than 20 language versions, they are increasingly being used by national legislatures as a source of inspiration in law reform projects, by lawyers as guidelines in contract negotiations and by arbitrators as a legal basis for the settlement of disputes. In 2004 a new edition of the Unidroit Principles was approved, containing five new chapters and adaptations to take into account electronic contracting. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish. Published under the Transnational Publishers imprint.

The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish.

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).