Download or read book The Contracts of Carriage of Goods by Sea by Reference to International Instruments Such as the Hague Visby Rules written by Ngutor Jato and published by GRIN Verlag. This book was released on 2019-04-30 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea written by Meltem Deniz Güner-Özbek and published by Springer Science & Business Media. This book was released on 2011-08-08 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Rotterdam Rules 2008 written by Alexander von Ziegler and published by . This book was released on 2010 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regime governing the carriage of goods by sea has been for a long time the subject of criticism, such as for being out of date, fragmented, uncoordinated with other related transport regimes, leading to unpredictable results, or posing obstacles to the development of modern contract practices. The Hamburg Rules, prepared in 1978 with a view to improving the situation, have in the meantime entered into force but fell short of expectations in that they have not become a basis for a universally accepted regime; the Rules have also increasingly been seen as not addressing issues crucial for modern sea carriage. It has also been realized that the existing regime, whether based on the Hague, Hague-Visby, or Hamburg Rules, does not properly accommodate modern trade practices, such 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. Nevertheless, such criticism and considerations were for a long time unable to coalesce into a realistic plan for improving the situation.
Download or read book The Obligations of the Carrier Regarding the Cargo written by Ilian Djadjev and published by Springer. This book was released on 2017-08-22 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book An International Restatement of Contract Law The UNIDROIT Principles of International Commercial Contracts written by Michael Joachim Bonell and published by Martinus Nijhoff Publishers. This book was released on 2009-03-27 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book An International Restatement of Contract Law written by Michael Joachim Bonell and published by Martinus Nijhoff Publishers. This book was released on 2009-03-01 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Will the United Nations Convention on Contracts for the International Carriage of Goods Wholly Or Partly by Sea The Rotterdam Rules be a Successful Single Legal Solution to Modern International Trade by Sea in the 21st Century written by Donaporn Chitcharoongkiat and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rotterdam Rules are intended to be a single source of legal solutions to issues, problems and disputes arising in modern international trade by sea. They aim to bring greater uniformity and to update and modernise existing provisions to facilitate trade while maintaining an appropriate balance between the interests of carriers and shippers. Whether the Rotterdam Rules will be a success as the international convention of maritime transport law remains open to question at this stage. This thesis will offer an answer as to whether the Rotterdam Rules, particularly as compared with the Hague/Hague-Visby Rules and the Hamburg Rules, will be a successful single legal solution to international trade by sea in the 21st century. This thesis focuses on three particular areas: multimodal transport, the transport document and risk management. As regards multimodal transport, the issues discussed are the limited scope of the Rotterdam Rules and conflict problems between the Rotterdam Rules and the existing unimodal conventions. Then we consider whether the Rotterdam Rules are a big step forward in international multimodal transport. As regards the transport document, this thesis sets out to answer the question of whether the Rotterdam Rules have succeeded in terms of setting up a satisfactory and workable legal framework for the transport document and the electronic transport record. As regards risk management, the thesis considers the problem of the burden of proof under the existing conventions and assesses how well the new structure of allocation of the burden of proof under Article 17 of the Rotterdam Rules will work in practice. In conclusion, the thesis offers a view on whether the Rotterdam Rules should be accepted and supported by the industry.
Download or read book Transport Documents in Carriage Of Goods by Sea written by Časlav Pejović and published by Taylor & Francis. This book was released on 2020-03-05 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing a fresh, comparative approach to transport documents used in the carriage of goods by sea, this book covers bills of lading, sea waybills, ship’s delivery orders, multimodal transport documents, and electronic transport documents. The book covers historic developments, current conventions, and thoughts for the future on these transport documents; and delves deeply into the legal issues concerning them. It represents a comprehensive compilation of case and statute law from around the world on this subject. In addition to English law, the book covers American, French, German, and Italian laws, as well as the laws of several East Asian jurisdictions (China, Japan, South Korea). Primarily, the book will be of use to maritime law scholars and students, and lawyers who deal with shipping. It may also be of interest to international traders, banks, and ship masters and officers.
Download or read book International Maritime Conventions Volume 1 written by Francesco Berlingieri and published by CRC Press. This book was released on 2014-05-09 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Uniformity of Transport Law through International Regimes written by Olena Bokareva and published by Edward Elgar Publishing. This book was released on 2019 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Guide to the World Anti Doping Code written by Paul David and published by Cambridge University Press. This book was released on 2017-04-24 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to anti-doping changes rapidly. The World Anti-Doping Code was first adopted in 2003 to provide a common set of anti-doping rules applicable across all sport worldwide. The Code has evolved and changed significantly through two major processes of review. This third edition provides essential guidance and commentary on the 2015 Code which replaces the 2009 Code. The 2015 Code contains many significant changes in the core Articles of the Code, particularly in the regime on sanctions for anti-doping rule violations, and in the amended International Standards. The text outlines how the current law has developed from anti-doping rules and principles in operation before the Code and explains the central role of the Court of Arbitration for Sport in this development and in applying the current Code. This third edition will be an important single resource for any reader working or studying in the field.
Download or read book United Nations Convention on the Carriage of Goods by Sea written by H. M. Joko Smart and published by Commonwealth Secretariat. This book was released on 1989 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the sea
Download or read book The Hague Visby Rules and the Carriage of Goods by Sea Act 1971 written by Lloyd's of London Press and published by . This book was released on 1977 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Codification of Maritime Law written by Zuzanna Pepłowska-Dąbrowska and published by Taylor & Francis. This book was released on 2019-11-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first of its kind to explore the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted or drafted national codifications of maritime law from the codification point of view. The book is divided into four parts which represent different views on the main topic. Part I gathers chapters dedicated to different aspects and methods of unification of maritime law on a global scale, as well as several specific issues of maritime law from the regulatory point of view. Part II of the book consists of those papers that centre around the issue of transport of goods. Part III is dedicated to codifications of carriage of passengers, cruise law and leisure navigation. Finally, Part IV addresses national codifications of maritime law. Codification of Maritime Law: Challenges, Possibilities and Experience seeks to provide common ground for future unification of maritime law, which makes the book useful both for private and public maritime lawyers and states’ maritime administrations worldwide.
Download or read book The Rotterdam Rules written by Michael F. Sturley and published by . This book was released on 2010 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rotterdam Rules provides comprehensive commentary on the new UNCITRAL Convention on Carriage of Goods. It: Provides high-level commentary on the new UNCITRAL Convention on the Carriage of Goods Wholly or Partly by Sea Takes you through all the provisions of the Convention Includes worked examples and hypothetical cases Places the Convention in its historical and commercial context Explains the intended meaning of all the principal provisions Provides an international approach in its commentary and analysis Written by three shipping law experts who were involved in drafting the Convention
Download or read book The Hamburg Rules written by Francesco Berlingieri and published by Maklu. This book was released on 1994 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A New Convention for the Carriage of Goods by Sea the Rotterdam Rules written by D. Rhidian Thomas and published by . This book was released on 2009 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
