The United Nations Convention On Contracts For The International Carriage Of Goods Wholly Or Partly By Sea
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The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea by Meltem Deniz Güner-Özbek Pdf
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.
United Nations Commission on International Trade Law
Author : United Nations Commission on International Trade Law Publisher : United Nations Publications Page : 0 pages File Size : 53,8 Mb Release : 2009 Category : Business & Economics ISBN : 9211336724
The United Nations Convention on Contracts for the International Carriage of Goods Wholly Or Partly by Sea by United Nations Commission on International Trade Law Pdf
The new United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, the Rotterdam Rules, describes the rights and obligations of all parties with an interest in the carriage of goods by sea. The Rotterdam Rules bring more clarity regarding who is responsible and liable for what, when, where and to what extent. The application of the new convention will make international trade easier and lead to a reduction in costs.
The Rotterdam Rules 2008 by Alexander von Ziegler,Johan Schelin,Stefano Zunarelli Pdf
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.
United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Arabic Language) by United Nations Staff Pdf
The new United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, the Rotterdam Rules, describes the rights and obligations of all parties with an interest in the carriage of goods by sea. The Rotterdam Rules bring more clarity regarding who is responsible and liable for what, when, where and to what extent. The application of the new convention will make international trade easier and lead to a reduction in costs.
Michael F. Sturley,Tomotaka Fujita,G. J. van der Ziel
Author : Michael F. Sturley,Tomotaka Fujita,G. J. van der Ziel Publisher : Unknown Page : 444 pages File Size : 42,9 Mb Release : 2010 Category : Carriers ISBN : 1847037348
The Rotterdam Rules by Michael F. Sturley,Tomotaka Fujita,G. J. van der Ziel Pdf
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
The Rotterdam Rules 2008: Commentary to the United Nations Convention on Contracts for the International Carriage of Goods Wholly Or Partly by Sea by Alexander von Ziegler (Johan Schelin and Stefano Zunarelli (Eds.)) Pdf
Author : Donaporn Chitcharoongkiat Publisher : Unknown Page : 0 pages File Size : 52,6 Mb Release : 2013 Category : International Convention for the Unification of Certain Rules Relating to Bills of Lading ISBN : OCLC:939980697
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? by Donaporn Chitcharoongkiat Pdf
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.
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.
The Carriage Of Goods By Sea Under The Rotterdam Rules by Rhidian Thomas Pdf
This book is based on papers presented at the Sixth International Colloquium organised by the Institute of International Shipping and Trade Law, Swansea University, in September 2009. The sixteen contributions have been written by a team of international experts who collectively submit the newly proposed Rotterdam Rules to asustained, penetrative and comprehensive analysis. The scale of the Rotterdam Rules is staggeringly wide, as also are their detail and complexity, and coming to a full understanding of the provisions and implications ofthe Rules represents a challenge even to those experienced in the law and practice of commercial shipping. This book examines virtually all aspects of the Rules and will provide an effective, reliable and readable guide to everyone seeking a complete grasp of the Rules.
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.
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.
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.
Annual Review of United Nations Affairs by Joachim Muller,Sauvant Pdf
Since the publication of its first edition in 1950, the Annual Review of United Nations Affairs has stood as the authoritative resource for scholars, students, and practitioners researching the latest developments of that august body. From the insightful introductory commentary to the full-text presentation of reports and resolutions to the helpful subject index, ARUNA provides a practical tour of each year's U.N. actions and debates. The expert selection of documents by Joachim Muller and Karl Sauvant and the topic-based organization of those documents make any researcher's task much easier than the vast searching, sorting, and pruning required by the U.N.'s website. The series' topic-based organization of the materials and subject index lend invaluable guidance to all researchers. The highlight of this year's edition is the introductory essay written by the highly esteemed Jose Antonio Ocampo, who is Professor of Professional Practice in International and Public Affairs and director of Economic and Political Development Concentration at the School of International and Public Affairs, Columbia University. Professor Ocampo previously held the positions of Under-Secretary-General of the United Nations for Economic and Social Affairs, Executive Secretary of the United Nations Economic Commission for Latin America and the Caribbean, and Minister of Finance of Colombia. In 2009, he was a member of the Commission of Experts of the President of the United NationsGeneral Assembly on Reforms of the International Monetary and Financial System. Professor Ocampo is also the author of numerous books and articles on macroeconomics policy and theory, economic development, international trade, and economic history. His recent publications include Stability with Growth: Macroeconomics, Liberalization and Development, with Joseph E. Stiglitz, Shari Spiegel, Ricardo Ffrench-Davis and Deepak Nayyar, (New York: Oxford University Press, 2006). Professor Ocampo, relying on his expertise as a policy economist and his own considerable experience working on economic issues at the United Nations, has written an incisive introductory essay focusing on the United Nations and the global economic crisis. Professor Ocampo's essay examines the history of the economic policy recommendations of UN institutions and concludes that they have often been more far-sighted and accurate than those of the Bretton Woods Institutions, including the World Bank and the International Monetary Fund. He applies this analysis in particular to the recent global financial crisis, and shows how the Monterrey Consensus of 2002, which once again made the UN a forum for global economic issues, gave serious consideration to the concerns of developing countries and set many goals that might have helped to stave off the global financial crisis if they had been more actively pursued. Professor Ocampo also examines the UN's role in the wake of the global financial meltdown, particularly with regard to the Doha follow-up Conference and the Commission of Experts on Reforms of the International Monetary and Financial System, convened by the General Assembly and led by Joseph Stiglitz. In spite of some resistance to these initiatives from the United States and other developed countries, Professor Ocampo advocates in this essay for a more influential role for the UN's institutions in global financial reform, especially in light of their superior track record in anticipatingeconomic problems resulting from "the inherent tendency of financial markets to experience boom-bust cycles." The 2008-2009 volumes of ARUNA therefore also devote considerable attention to the financial crisis as well as other international crises. Among the documents in the 2008-2009 volumes are the complete General Assembly resolutions, as well as the Report and Resolutions of the Security Council and the Economic and Social Council (ECOSOC). Annual Reports of note include reports of the United Nations Children's Fund (UNICEF), the UN Development Programme and UN Population Fund, the UN High Commissioner for Human Rights, the UN High Commissioner for Refugees, the UN Relief and Works Agency for Palestine Refugee in the Near East, and the World Food Programme. Mr. Muller and Dr. Sauvant have also selected progress reports on key peacekeeping, peace-building, and political missions, including those for Afghanistan, the Democratic Republic of the Congo, Haiti, Iraq, Kosovo, the Middle East, Somalia, Sudan, and West Africa. Each annual edition of ARUNA is introduced by a Guest Author, a distinguished expert on UN affairs, who highlights the outstanding themes of the year in review. Together with an overview provided by the editors, this introduction is intended to facilitate access to the material and, above all, to make it easer for users of ARUNA to "see the forest for the trees". As has been mentioned above, ARUNA is fortunate this year to have Jose Antonio Ocampoas the author of its introduction, but the roster of distinguished experts who have contributed this introduction in the past is also worthy of mention: Jeffrey D. Sachs: ARUNA 2007/2008 edition Professor Jeffrey D. Sachs is Director of the Earth Institute at Columbia University and Special Advisor to the Secretary-General of the UN on the Millennium Development Goals. Professor Sachs's introduction to ARUNA 2007/2008 was titled "Towards a New Global Protocol on Climate Change", in whichhe argued that solving the climate change problem will demand four steps: scientific consensus, public awareness, the development of alternative technologies, and a global framework for action. He dealt, in particular, with the science underpinning the negotiations for a new global protocol on climate change, as a successor to the Kyoto Protocol. Professor Sachs argued that climate change crises can only be solved through the goals, leadership, and treaty mechanisms of the UN. Edward C. Luck: ARUNA 2006/2007 edition Professor Edward C. Luck is UN Special Advisor on the Responsibility to Protect and Vice President and Director of Studies at the International Peace Academy. From 1984 to 1994, he served as President and Chief Executive Officer of the UN Association of the USA (UNA-USA). Professor Luck's introduction to ARUNA 2006/2007 covered "The responsible sovereign and the responsibility to protect", in which he addressed the scope and content of what was agreed at the 2005World Summit, the implications of the responsibility to protect (RtoP) for notions of state sovereignty, and some of the conceptual, architectural, and policy challenges then facing UN Secretary-General Ban Ki-moon's commitment to "operationalizing" the responsibility to protect and translating it "from words to deeds". Louise Frechette: ARUNA 2005/2006 edition Ms Louise Frechette is Distinguished Fellow at the Centre for International Governance Innovation, Waterloo, Ontario. Until March 2006, she was the first Deputy Secretary-General of the UN; before that, she was Permanent Representative of Canada to the UN. Ms Frechette's introduction to ARUNA 2005/2006 covered "United Nations reform: an unfinished story". As the first Deputy Secretary-General of the UN, Ms Frechette was uniquely positioned to undertake a personal assessment of what has changed and what has not changed in the past decade at the UN and why. She examined if the UN is functioning better than it was 15 years ago, why reform is so difficult to achieve and what the future holds for the institutions. Rubens Ricupero: ARUNA 2004/2005 edition Mr Rubens Ricupero is Dean of the Fundacno Armando Alvares Penteado (FAAP), Sao Paulo and was formerly Secretary-General of UN Conference on Trade and Development (UNCTAD) and Minister of Finance of Brazil. Mr Ricupero's introduction to ARUNA 2004/2005 covered "The difficulty of building consensus in an age of extremes" and examined the mysteries of the negotiating process leading to the outcome of the 2005 World Summit. Rather than a "Grand Bargain" of a comprehensive UN reform in the areas of development, security and human rights, it is argued that the Summit ended more on a note of lamentation and regret over a missed opportunity. Mr Ricupero concludes that contrary to the daring proclamation at the outset by the Secretary-General, the conditions indispensable to succeed were not in place. Indeed, it was hard to imagine that an ambitious and balanced reform package for the UN could have had any real chance of succeeding.
