Carrier S Liability Under The Hague Hague Visby And Hamburg Rules
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The Carrier S Liability Under International Maritime Conventions
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Author : Hakan Karan
language : en
Publisher: Edwin Mellen Press
Release Date : 2004
The Carrier S Liability Under International Maritime Conventions written by Hakan Karan and has been published by Edwin Mellen Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
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).
Carrier S Liability Under The Hague Hague Visby And Hamburg Rules
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Author : Sze Ping-fat
language : en
Publisher: BRILL
Release Date : 2021-10-05
Carrier S Liability Under The Hague Hague Visby And Hamburg Rules written by Sze Ping-fat and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-05 with Law categories.
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.
The Obligations Of The Carrier Regarding The Cargo
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Author : Ilian Djadjev
language : en
Publisher: Springer
Release Date : 2017-08-22
The Obligations Of The Carrier Regarding The Cargo written by Ilian Djadjev and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-22 with Law categories.
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).
The Carrier S Liability For Deck Cargo
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Author : Lina Wiedenbach
language : en
Publisher: Springer
Release Date : 2015-05-29
The Carrier S Liability For Deck Cargo written by Lina Wiedenbach and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-29 with Law categories.
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.
The Hamburg Rules
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Author : Christof F. Lüddeke
language : en
Publisher: Lloyd's of London Press Limited
Release Date : 1995
The Hamburg Rules written by Christof F. Lüddeke and has been published by Lloyd's of London Press Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Business & Economics categories.
This text provides the user with a clear introduction to the Hamburg rules, including a clause-by-clause commentary on the interpretation of the rules. This revised edition includes case studies showing how some major Hague-Visby cases would have been decided by applying the Hamburg rules, a summary of the articles on the subject, together with a list of other sources of information. The views of two practitioners is complimented by the offical UNCTAD commentary to present a balanced analysis of the rules.
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 : de
Publisher: Grin Publishing
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 Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-22 with 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 regard
A Guide To The Hamburg Rules
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Author : Christof F. Lüddeke
language : en
Publisher:
Release Date : 1991
A Guide To The Hamburg Rules written by Christof F. Lüddeke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Bills of lading categories.
Rotterdam Rules For International Carriage
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Author : Mr. Kishor Bhatt
language : en
Publisher: JBS Academy Private Limited
Release Date :
Rotterdam Rules For International Carriage written by Mr. Kishor Bhatt and has been published by JBS Academy Private Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on with Business & Economics categories.
Transportation of goods through sea is one of the oldest and most common ways used by Exporters and Importers. Ever since International Business has been on the rise, the trade between different nations has increased. This led to the need for some common standardized rules for International Carriage. This is how the Rotterdam Rules and such similar rules came to be. The book discusses in detail about Rotterdam Rules, Hamburg Rules Hague Rules and Hague Visby Rules. The student gets to know of the basics of International Business, Freight Forwarding and Customs Clearance as well. It is especially useful for the prestigious exams such as the CBLR, Customs Broker exams and CHA exams. JBS Academy having many other books also that is related to International Business and Import Export trade to help a person to get deeper knowledge in Import Export Trade.
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.
Container Carrier S Liability In International Multimodal Transport
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Author : Jia Jia
language : en
Publisher: Cuvillier Verlag
Release Date : 2023-08-28
Container Carrier S Liability In International Multimodal Transport written by Jia Jia and has been published by Cuvillier Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-28 with categories.
International multimodal transport has been developed rapidly in recent 50 years and the worldwide use of containers made a valuable contribution. There are various effective international conventions for different modes of transport and this monograph focuses on the fundamental parts of the international multimodal transport, container carrier’s liability regime. The central research question is has the current liability regime provided a sufficient framework for container carriers in international multimodal transport? The question can be divided into three issues. Firstly, how wide should the scope of application of the international unimodal conventions be to cover the period of liability of container carrier in international multimodal transport? Secondly, do the existing conventions provide a proper and satisfactory framework to govern container carrier’s liability? Thirdly, if not, what solutions can be adopted? In order to answer the above questions, the novelty of this monograph lies on experiences gained from recent case law in relation to container transport. This monograph does not only discover problems in the existing legal system but also provides feasible suggestions for container carrier’s liability regime based on the Rotterdam Rules.