The Obligations Of The Carrier Regarding The Cargo

Author : Ilian Djadjev
Publisher : Springer
Page : 334 pages
File Size : 42,7 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 : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 47,8 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 : Ilian Nikolaev Djadjev
Publisher : Unknown
Page : 128 pages
File Size : 48,6 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 : Sze Ping-fat
Publisher : BRILL
Page : 256 pages
File Size : 55,9 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 : Yvonne Baatz,Charles Debattista,Filippo Lorenzon,Andrew Serdy,Hilton Staniland,Michael N Tsimplis
Publisher : CRC Press
Page : 502 pages
File Size : 51,6 Mb
Release : 2013-09-11
Category : Law
ISBN : 9781317912255

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The Rotterdam Rules by Yvonne Baatz,Charles Debattista,Filippo Lorenzon,Andrew Serdy,Hilton Staniland,Michael N Tsimplis Pdf

The Rotterdam Rules represent the most comprehensive overhaul of the law of carriage of goods by sea in more than fifty years. To coincide with the signing ceremony, six members of the Institute of Maritime Law have written a detailed commentary on the Rules. The Rotterdam Rules: A Practical Annotation examines the text of the Rules, all ninety-six articles of the new Convention, and compares them to the text of the Hague-Visby Rules, the instrument currently covering most bills of lading. The authors have also examined the judgments in cases decided in the English Courts under the Carriage of Goods by Sea Acts of 1971 and 1992 and have indicated whether these cases would be decided differently under the new Rotterdam Rules.

Author : Olena Bokareva
Publisher : Edward Elgar Publishing
Page : 360 pages
File Size : 55,6 Mb
Release : 2019
Category : Law
ISBN : 9781786437457

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Uniformity of Transport Law through International Regimes by Olena Bokareva Pdf

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.

Author : Baris Soyer,Andrew Tettenborn
Publisher : CRC Press
Page : 480 pages
File Size : 53,5 Mb
Release : 2013-08-15
Category : Law
ISBN : 9781135124120

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Carriage of Goods by Sea, Land and Air by Baris Soyer,Andrew Tettenborn Pdf

Written by a combination of top academics, industry experts and leading practitioners, this book offers a detailed insight into both unimodal and multimodal carriage of goods. It provides a comprehensive and thoroughly practical guide to the issues that matter today on what is a very complex area of law. From the papers delivered at the 8th International Colloquium organised by Swansea Law School's prestigious Institute of International Shipping and Trade Law, this original work considers current opinions, trends and issues arising from contracts of carriage of goods by sea, land, air, and multi-modal combinations of these, not to mention the legal position of vital participants such as freight forwarders, terminal operators and cargo insurers. The topics under discussion range through issues such as paperwork, piracy, liability for defective containers, damage in transit, the CMR Convention, and the possible effects of the Rotterdam Rules. An indispensable resource for transport lawyers, industry professionals, academics and post-graduate students of maritime law.

Author : Arun Kasi
Publisher : Springer Nature
Page : 644 pages
File Size : 49,5 Mb
Release : 2021-09-01
Category : Law
ISBN : 9789813367937

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The Law of Carriage of Goods by Sea by Arun Kasi Pdf

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.

Author : Víctor Hugo Chacón
Publisher : Springer
Page : 245 pages
File Size : 42,9 Mb
Release : 2017-10-08
Category : Law
ISBN : 9783319660028

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The Due Diligence in Maritime Transportation in the Technological Era by Víctor Hugo Chacón Pdf

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

Author : John Richardson
Publisher : Unknown
Page : 184 pages
File Size : 50,7 Mb
Release : 1998
Category : Bills of lading
ISBN : STANFORD:36105060361198

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The Hague and Hague-Visby Rules by John Richardson Pdf

All professionals involved in the shipping industry need a broad understanding of the rules that govern the carriage of goods by sea. This concise guide is an established reference for practical shipping professionals and those studying maritime law. It provides a clear explanation of the operation of both sets of rules, and how they are interpreted by English and foreign courts. The rules are set out clause by clause with accompanying commentary on their meaning and intention, and practical examples. The differences between the two sets of rules are highlighted, and the effects of the differences explained. Completely revised for this fourth edition, the text now includes: a new section on current developments in legislation governing the carriage of goods by sea in major maritime jurisdictions; the 1994 York-Antwerp rules; Lloyd's salvage agreement (LOF 95); the 1976 Limitation of Liability for Maritime Claims (LLMC); convention together with its 1996 protocol; the CMI uniform rules for sea waybills; and the CMI rules for electronic bills of lading.

Author : Ralph de Wit
Publisher : Unknown
Page : 666 pages
File Size : 46,6 Mb
Release : 1995
Category : Bills of lading
ISBN : NWU:35556034592667

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Multimodal Transport by Ralph de Wit Pdf

This work covers the common carrier liability and documentation issues. The book includes a comparative study of the law in six countries (Belgium, France, Germany, The Netherlands, the United Kingdom and the USA) regarding multimodal transport encompassing the various modes of transport. In addition, the general law of obligations (contract and tort), which differs considerably between states has been provided, taking into account how it applies to a multimodal contract.

Author : Colin Barrett
Publisher : Loft Press, Inc.
Page : 404 pages
File Size : 40,5 Mb
Release : 2003
Category : Carriers
ISBN : 1893846601

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Manager's Guide to Freight Loss and Damage Claims by Colin Barrett Pdf

Author : Myron E. McFarland
Publisher : Unknown
Page : 176 pages
File Size : 41,9 Mb
Release : 1972
Category : Marine insurance
ISBN : UOM:39015006089505

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Cargo Loss & Damage by Myron E. McFarland Pdf

Author : Alicia Danielsson
Publisher : GRIN Verlag
Page : 19 pages
File Size : 53,6 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.

Author : Stephen Girvin
Publisher : Unknown
Page : 1216 pages
File Size : 47,9 Mb
Release : 2022
Category : Bills of lading
ISBN : 0198811950

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Carriage of Goods by Sea by Stephen Girvin Pdf

"Carriage of Goods by Sea provides an extensive comparative analysis of the carriage of goods by sea, examining the principles, regulation, responsibilities, obligations, and immunities within this area of English law, and other common law jurisdictions, in a single volume. The book covers all necessary aspects for understanding the law of carriage by sea. These include: an essential overview of the business of shipping; a core group of chapters on the various functions of bills of lading and other documents of carriage; the international and domestic regulation of carriage; analysis of the major conventions (the Hague, Hague-Visby and Hamburg Rules, and the Rotterdam Rules); and explanation of the shippers' responsibilities, both at common law and under the international conventions. Later chapters are concerned with the obligations of the carrier, and the rights and immunities of the carrier, again at common law, and under the international conventions. The book concludes by examining charterparties, as well as including chapters on frustration and damages. The third edition provides a thorough update from the publication of the previous edition in 2011 including new bills of lading, major Commonwealth developments impacting on the law in this field, and UK Supreme Court decisions such as Volcafe Ltd v Compania Sud Americana de Vapores SA (Trading as CSAV) [2018] UKSC 61, The Ocean Victory [2017] UKSC 35, and The Kos [2012] UKSC 17. The new edition also includes a new chapter relating to damages:--