A Critical Analysis Of The Protection Offered To Third Parties In Respect Of Liabilities And Immunities Under A Bill Of Lading
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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
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Author : Alicia Danielsson
language : en
Publisher: GRIN Verlag
Release Date : 2015-07-22
A Critical Analysis Of The Protection Offered To Third Parties In Respect Of Liabilities And Immunities Under A Bill Of Lading written by Alicia Danielsson and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-22 with Law categories.
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.
The Economic And Commercial Implications Of The Entry Into Force Of The Hamburg Rules And The Multimodal Transport Convention
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Author : United Nations Conference on Trade and Development
language : en
Publisher: New York : UNCTAD
Release Date : 1991
The Economic And Commercial Implications Of The Entry Into Force Of The Hamburg Rules And The Multimodal Transport Convention written by United Nations Conference on Trade and Development and has been published by New York : UNCTAD this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Business & Economics categories.
Bills Of Lading
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Author : Alan Mitchelhill
language : en
Publisher: Springer
Release Date : 2013-11-21
Bills Of Lading written by Alan Mitchelhill and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-21 with Science categories.
The Law Times
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Author :
language : en
Publisher:
Release Date : 1931-07
The Law Times written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1931-07 with Law categories.
Fairplay
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Author :
language : en
Publisher:
Release Date : 1963-07
Fairplay written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963-07 with Shipping categories.
Transnational Legal Orders
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Author : Terence C. Halliday
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-19
Transnational Legal Orders written by Terence C. Halliday and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-19 with Business & Economics categories.
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
The Uncitral Model Law And Asian Arbitration Laws
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Author : Gary F. Bell
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-04
The Uncitral Model Law And Asian Arbitration Laws written by Gary F. Bell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-04 with Language Arts & Disciplines categories.
Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
Contract Interpretation In Investment Treaty Arbitration
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Author : Yuliya Chernykh
language : en
Publisher: BRILL
Release Date : 2022-01-17
Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-17 with Law categories.
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Fairplay Weekly Shipping Journal
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Author :
language : en
Publisher:
Release Date : 1954
Fairplay Weekly Shipping Journal written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1954 with Shipping categories.
Legislative History Of The Carriage Of Goods By Sea Act And The Travaux Preparatoires Of The Hague Rules
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Author :
language : en
Publisher:
Release Date :
Legislative History Of The Carriage Of Goods By Sea Act And The Travaux Preparatoires Of The Hague Rules written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.