Ping-fat: Carrier'sliability under the

Ping-fat: Carrier'sliability under the PDF

Author: Ping-fat

Publisher: Springer

Published: 2002-04-24

Total Pages: 0

ISBN-13: 9789041116765

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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 Carrier's Liability Under International Maritime Conventions

The Carrier's Liability Under International Maritime Conventions PDF

Author: Hakan Karan

Publisher: Edwin Mellen Press

Published: 2004

Total Pages: 594

ISBN-13:

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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).

The Carrier's Liability for Deck Cargo

The Carrier's Liability for Deck Cargo PDF

Author: Lina Wiedenbach

Publisher: Springer

Published: 2015-05-29

Total Pages: 190

ISBN-13: 3662468514

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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 Hague and Hague-Visby Rules

The Hague and Hague-Visby Rules PDF

Author: John Richardson

Publisher:

Published: 1998

Total Pages: 184

ISBN-13:

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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.

Carrier's Liability Under the Hague, Hague-Visby and Hamburg Rules

Carrier's Liability Under the Hague, Hague-Visby and Hamburg Rules PDF

Author: Ping-fat Sze

Publisher:

Published: 2000

Total Pages: 590

ISBN-13:

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Provides a critical analysis of the carrier's liability under the Hague, Hague-Visby and Hamburg Rules. Focusing on Australian and English jurisprudence, the work also demonstrates that, quite contrary to prevailing opinions, the Hamburg Rules do not materially change (still less increase) the carrier's existing liability.

The Obligations of the Carrier Regarding the Cargo

The Obligations of the Carrier Regarding the Cargo PDF

Author: Ilian Djadjev

Publisher: Springer

Published: 2017-08-22

Total Pages: 343

ISBN-13: 3319624407

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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).

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