Law And Practice Of The Obligations Of The Carrier Over The Cargo

Author : Ilian Djadjev
Publisher : Springer
Page : 334 pages
File Size : 43,6 Mb
Release : 2017-08-22
Category : Law
ISBN : 9783319624402

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The Obligations of the Carrier Regarding the Cargo by Ilian Djadjev Pdf

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).

Author : Ilian Nikolaev Djadjev
Publisher : Unknown
Page : 128 pages
File Size : 52,6 Mb
Release : 2016
Category : Electronic
ISBN : 9036789699

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Law and Practice of the Obligations of the Carrier Over the Cargo by Ilian Nikolaev Djadjev Pdf

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 44,9 Mb
Release : 2016
Category : Electronic
ISBN : 9036789699

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Law and Practice of the Obligations of the Carrier Over the Cargo by Anonim Pdf

Author : Časlav Pejović
Publisher : Taylor & Francis
Page : 292 pages
File Size : 51,5 Mb
Release : 2020-03-05
Category : Law
ISBN : 9780429589225

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Transport Documents in Carriage Of Goods by Sea by Časlav Pejović Pdf

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.

Author : Liang Zhao,Li Lianjun
Publisher : Taylor & Francis
Page : 462 pages
File Size : 43,5 Mb
Release : 2017-01-20
Category : Law
ISBN : 9781317266464

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Maritime Law and Practice in China by Liang Zhao,Li Lianjun Pdf

A comprehensive treatment of Chinese maritime law and judicial practice, this book covers both substantive law and procedure law of maritime law in mainland China. This is a professional book for both academics and practitioners in the field of maritime law. Including analysis of and comment on judicial practice from the Supreme People’s Court, Higher People’s Courts and ten maritime courts, as well as a whitepaper of Chinese maritime adjudication for 30 years (1984-2014), this brings to an English-speaking audience for the first time some of the most technical aspects of maritime law. It is therefore an invaluable resource for all those interested in maritime law in China.

Author : Lina Wiedenbach
Publisher : Springer
Page : 178 pages
File Size : 43,8 Mb
Release : 2015-05-29
Category : Law
ISBN : 9783662468517

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The Carrier's Liability for Deck Cargo by Lina Wiedenbach Pdf

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.

Author : Hakan Karan
Publisher : Edwin Mellen Press
Page : 594 pages
File Size : 43,7 Mb
Release : 2004
Category : Law
ISBN : UVA:35007005935402

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The Carrier's Liability Under International Maritime Conventions by Hakan Karan Pdf

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).

Author : Sze Ping-fat
Publisher : BRILL
Page : 256 pages
File Size : 48,6 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004479159

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Carrier's Liability under the Hague, Hague-Visby and Hamburg Rules by Sze Ping-fat Pdf

This volume provides a critical analysis of the carrier's liability under both the Hague/Hague-Visby and Hamburg Rules. It also considers the question of whether or not the Hamburg Rules introduce a different liability regime and materially increase the carrier's liability vis-à-vis the Hague/Hague-Visby Rules. Focusing on Australian and English jurisprudence, the work demonstrates that, quite contrary to prevailing opinions, the Hamburg Rules do not significantly change the carrier's existing liability. Indeed, in a number of areas, the legal position of the carrier is ameliorated. On the basis that both international conventions do not differ materially in terms of practical legitimacy, concludes the author, it makes no fundamental difference whatsoever, within the general context of carrier liability, whether one convention or the other is adopted. This scholarly publication will be of particular interest to practising lawyers, law professors and students as well as professionals engaged in maritime transport.

Author : Alan Mitchelhill
Publisher : Springer
Page : 179 pages
File Size : 52,7 Mb
Release : 2013-11-21
Category : Science
ISBN : 9781489972361

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Bills of Lading by Alan Mitchelhill Pdf

Author : In Hyeon Kim
Publisher : Kluwer Law International B.V.
Page : 200 pages
File Size : 46,8 Mb
Release : 2017-05-11
Category : Law
ISBN : 9789041189448

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Transport Law in South Korea by In Hyeon Kim Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in South Korea. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting South Korea. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.

Author : Beijing Arbitration Commission,Beijing International Arbitration Center
Publisher : Wolterskluwer HK
Page : 340 pages
File Size : 52,6 Mb
Release : 2022-11-14
Category : Law
ISBN : 9789887617150

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Commercial Dispute Resolution in China by Beijing Arbitration Commission,Beijing International Arbitration Center Pdf

In 2021, the COVID-19 pandemic continued to affect economic development. In addition, due to the changing global situation, international competition was increasingly fierce. Under the circumstances of major changes and a pandemic unseen in a century, commercial dispute resolution in China is confronting new challenges, facing new changes and ushering in new developments. In the field of commercial arbitration, the promulgation of the Arbitration Law (Revision) (Draft for Comment) brought about many reforms to China’s current arbitration system, aroused widespread attention and discussion in the industry, and boosted arbitration research and the arbitration legal system to new levels. Arbitration institutions, including the Beijing Arbitration Commission/Beijing International Arbitration Center (hereinafter referred to as the “BAC/BIAC”), have duly issued new rules according to the needs of case handling and pandemic prevention and control in order to guide new arbitration practices, and the highlights of China’s judicial supervision and opening-up of arbitration are eye-catching. In the field of commercial mediation, the Supreme People’s Court has continuously promoted the development of a “one-stop” diversified dispute resolution system to support international commercial mediation organizations in providing mediation services in free trade zones; the Shenzhen Intermediate People’s Court has innovatively introduced third-party mediation organizations to participate in bankruptcy reconciliation; and practices in coordination between arbitration and mediation have been constantly enriched. Commercial mediation is playing an increasingly important role in alternative dispute resolution in China. In key professional fields, while actively responding to the impacts of the pandemic and focusing upon the resumption of work and production, legal construction and dispute resolution have also been developing.

Author : Baris Soyer,Andrew Tettenborn
Publisher : Taylor & Francis
Page : 542 pages
File Size : 48,5 Mb
Release : 2016-07-22
Category : Law
ISBN : 9781317290469

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International Trade and Carriage of Goods by Baris Soyer,Andrew Tettenborn Pdf

This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 11th International Colloquium, held at Swansea Law School in September 2015. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding international sale and carriage contracts. The book is set out in three parts: Part I offers a detailed and critical analysis on emerging issues and unresolved questions in international sales and the carriage contracts affected to facilitate such sales. Part II critically and thoroughly analyses the legal issues that often arise in the context of security over goods, letters of credit and similar documents. Part III is dedicated to a critical and up-to-date discussion on matters concerning cargo insurance in this context. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in international trade and carriage of goods.

Author : Vesna Polić Foglar
Publisher : Stämpfli Verlag
Page : 584 pages
File Size : 50,9 Mb
Release : 2022-08-19
Category : Law
ISBN : 9783727257506

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The Carriage of Goods in Swiss Law by Vesna Polić Foglar Pdf

The Swiss legal regime differs considerably from the regimes of its neighbouring countries. Swiss law on the carriage of goods is based on the provisions of the Code of Obligations from the early 20th century. Some other laws, various ordinances and international conventions that govern different modes of transportation also apply. All this makes this field of law complex – not only for non-Swiss professionals. This book gives a comprehensive overview of the contract of carriage and the carriers' and freight forwarders' liability, the insurance of goods and of liability, the jurisdiction of Swiss courts and the possibilities of recourse actions. The Carriage of Goods in Swiss Law provides valuable knowledge to properly handle transport business, claims and insurance. It offers reflections on the shortcomings and the development of Swiss laws and regulations. Written for practitioners and lawyers in the country and abroad, the book can serve to all those whose claims may be decided before a Swiss court. Vesna Polić Foglar is an of-counsel in Zurich with over 20 years of experience. She specialises in Swiss transport law, the international carriage of goods, transport insurance and in dealing with transport claims.

Author : Sir Richard Aikens,Richard Lord QC,Michael Bools QC
Publisher : CRC Press
Page : 865 pages
File Size : 48,9 Mb
Release : 2015-12-22
Category : Law
ISBN : 9781317613459

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Bills of Lading by Sir Richard Aikens,Richard Lord QC,Michael Bools QC Pdf

Bills of Lading form an essential part of the carriage of goods by sea and international trade. Their multi-functional nature, together with the large volume of case law and regulation, make the law in this field as complex is it is commercially vital. This bestselling book provides a detailed analysis of the law and practice applicable to bills of lading before, during and after shipment, helping today’s busy practitioner to quickly and easily find the information they need. This book has been fully revised and updated with all of the major developments since its first edition, including: Reference to increasingly important Singapore and Far-Eastern decisions An analysis of modern developments in seaworthiness, from vetting and approval clauses to the topical issues of vulnerability and piracy attacks Detailed examination of misdelivery, fraudulent or forged bills of lading, and delivery without production of a bill of lading Revised coverage of conflicts and procedural matters, including anti-suit injunctions, jurisdiction battles and the scope of arbitration Reference to relevant European law relating to issues of jurisdiction and procedure Comprehensive treatment of Switched bills, transhipment, house bills, deck carriage and container cargo New material on the practical implications of electronic bills of lading This text continues to provide an indispensable reference for maritime practitioners and institutions worldwide.

Author : Alicia Danielsson
Publisher : GRIN Verlag
Page : 19 pages
File Size : 41,8 Mb
Release : 2015-07-22
Category : Law
ISBN : 9783668019607

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A Critical Analysis of the Protection offered to Third Parties in Respect of Liabilities and Immunities under a Bill of Lading by Alicia Danielsson Pdf

Essay from the year 2015 in the subject Law - Miscellaneous, grade: 1,0 (A), , language: English, abstract: The transportation of goods between exporters in one country and importers in another is one of the most important elements of international commerce and thus constitutes a significant part of an international sales contract. Even today, a large amount of cargo is still transported from one country to another by sea. Thus, bills of lading continue to play a crucial role. As defined by Lord Justice Blackburn in “Blackburn on the Contract of Sale” , a bill of lading is "[a] writing signed on behalf of the owner of ship in which goods are embarked, acknowledging the receipt of the Goods, and undertaking to deliver them at the end of the voyage, subject to such conditions as may be mentioned in the bill of lading." For a carrier, a bill of lading serves as evidence of a shipping contract and contains the terms of carriage. In particular, as any agreements not specified on the bill of lading do not affect third parties, the bill plays a crucial role in international trade. In terms of international universal rules which are applicable for international carriages, and especially bills of lading, the most influential sets of rules are the Hague Rules and the Hague-Visby Rules, as well as the Hamburg Rules. Accordingly, the responsibilities and liabilities of carriers in cases in where goods are being transported on the basis of bills of lading are determined by the Hague and the Hague-Visby Rules, which are widely accepted in this realm. The Hamburg Rules, in contrast to the previous two, has found itself under more political pressure from developed nations and hence defines responsibilities of carriers in a wider fashion. However, due to this, it has not been as widely ratified and is, thus, more limited in its application. However, due to the less wide net of the Hague-Visby Rules in relation to the period of responsibility as well as definitional issues regarding the limitation of liability and immunities of third parties in bills of lading, there is still a sense of uncertainty in the area of carriage contracts. These will be briefly discussed in the following. A particular focus will be placed on the issues in defining third parties and the mechanisms used to link the effects of tortious claims to contractual claims under international uniform law. This will be followed by an examination of the rationale and legitimacy issues of Himalaya clauses to grant third parties liability protection under universal international law.