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Carriers Liability Under The Hague Hague Visby And Hamburg Rules
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Book Synopsis The Carrier's Liability Under International Maritime Conventions by : Hakan Karan
Download or read book The Carrier's Liability Under International Maritime Conventions written by Hakan Karan and published by Edwin Mellen Press. This book was released on 2004 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Book Synopsis Carrier's Liability under the Hague, Hague-Visby and Hamburg Rules by : Sze Ping-fat
Download or read book Carrier's Liability under the Hague, Hague-Visby and Hamburg Rules written by Sze Ping-fat and published by BRILL. This book was released on 2021-10-05 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Obligations of the Carrier Regarding the Cargo by : Ilian Djadjev
Download or read book The Obligations of the Carrier Regarding the Cargo written by Ilian Djadjev and published by Springer. This book was released on 2017-08-22 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Book Synopsis The Hague and Hague-Visby Rules by : John Richardson
Download or read book The Hague and Hague-Visby Rules written by John Richardson and published by . This book was released on 1998 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Hamburg Rules by : Christof F. Lüddeke
Download or read book The Hamburg Rules written by Christof F. Lüddeke and published by Lloyd's of London Press Limited. This book was released on 1995 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Carrier's Liability for Deck Cargo by : Lina Wiedenbach
Download or read book The Carrier's Liability for Deck Cargo written by Lina Wiedenbach and published by Springer. This book was released on 2015-05-29 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Critical Analysis of the Protection offered to Third Parties in Respect of Liabilities and Immunities under a Bill of Lading by : Alicia Danielsson
Download or read book 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 published by GRIN Verlag. This book was released on 2015-07-22 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Hamburg Rules by : Francesco Berlingieri
Download or read book The Hamburg Rules written by Francesco Berlingieri and published by Maklu. This book was released on 1994 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Guide to the Hamburg Rules by : Christof F. Lüddeke
Download or read book A Guide to the Hamburg Rules written by Christof F. Lüddeke and published by . This book was released on 1991 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Hamburg Rules written by W. E. Astle and published by . This book was released on 1981 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Hamburg Rules On The Carriage Of Goods By Sea by : Samir Mankabady
Download or read book The Hamburg Rules On The Carriage Of Goods By Sea written by Samir Mankabady and published by Brill Archive. This book was released on 1978 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hamburg Rules on the Carriage of Goods By Sea
Book Synopsis The System of Liability of Articles III and IV of the Hague (Visby) Rules by : N. J. Margetson
Download or read book The System of Liability of Articles III and IV of the Hague (Visby) Rules written by N. J. Margetson and published by Uitgeverij Paris. This book was released on 2008 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a study of the system of liability under the Hague and Hague Visby Rules. The application of the Rules under American, English and Dutch law and incidentally Australian and Canadian law is researched to determine if the Rules are construed and applied uniformly. Where it is found that there are differences in the way a Rule is applied the intended construction of the Rule is established After a chapter on the construction of the Rules, the duties of the carrier contained in article III(1) and III(2) are discussed. Some of the most important exceptions of article IV and the relationship between those exceptions and the duties of the carrier are discussed in two separate chapters. There is also a chapter on the division of the burden of proof. The book ends with a chapter containing the conclusions derived from the comparative legal research throughout the book. A summary is included in English and Dutch.
Book Synopsis Container Carrier's Liability in International Multimodal Transport by : Jia Jia
Download or read book Container Carrier's Liability in International Multimodal Transport written by Jia Jia and published by Cuvillier Verlag. This book was released on 2023-08-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rotterdam Rules for International Carriage by : Mr. Kishor Bhatt
Download or read book Rotterdam Rules for International Carriage written by Mr. Kishor Bhatt and published by JBS Academy Private Limited. This book was released on with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis United Nations Convention on the Carriage of Goods by Sea by : H. M. Joko Smart
Download or read book United Nations Convention on the Carriage of Goods by Sea written by H. M. Joko Smart and published by Commonwealth Secretariat. This book was released on 1989 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the sea
Book Synopsis Cargo Liability and the Carriage of Goods by Sea Act(cogsa) by :
Download or read book Cargo Liability and the Carriage of Goods by Sea Act(cogsa) written by and published by . This book was released on 1992 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Meltem Deniz Güner-Özbek Publisher :Springer Science & Business Media ISBN 13 :9783642196508 Total Pages :289 pages Book Rating :4.1/5 (965 download)
Book Synopsis The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea by : Meltem Deniz Güner-Özbek
Download or read book The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea written by Meltem Deniz Güner-Özbek and published by Springer Science & Business Media. This book was released on 2011-08-08 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
