The Obligations Of The Carrier Regarding The Cargo

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The Obligations of the Carrier Regarding the Cargo

Author : Ilian Djadjev
Publisher : Springer
ISBN 13 : 3319624407
Total Pages : 334 pages
Book Rating : 4.3/5 (196 download)

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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).

Law and Practice of the Obligations of the Carrier Over the Cargo

Author : Ilian Nikolaev Djadjev
Publisher :
ISBN 13 : 9789036789691
Total Pages : pages
Book Rating : 4.7/5 (896 download)

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Book Synopsis Law and Practice of the Obligations of the Carrier Over the Cargo by : Ilian Nikolaev Djadjev

Download or read book Law and Practice of the Obligations of the Carrier Over the Cargo written by Ilian Nikolaev Djadjev and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Practice of the Obligations of the Carrier Over the Cargo

Author :
Publisher :
ISBN 13 : 9789036789691
Total Pages : pages
Book Rating : 4.7/5 (896 download)

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Book Synopsis Law and Practice of the Obligations of the Carrier Over the Cargo by :

Download or read book Law and Practice of the Obligations of the Carrier Over the Cargo written by and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Rotterdam Rules

Author : Yvonne Baatz
Publisher : CRC Press
ISBN 13 : 131791225X
Total Pages : 502 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis The Rotterdam Rules by : Yvonne Baatz

Download or read book The Rotterdam Rules written by Yvonne Baatz and published by CRC Press. This book was released on 2013-09-11 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Olena Bokareva
Publisher : Edward Elgar Publishing
ISBN 13 : 1786437457
Total Pages : 360 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Uniformity of Transport Law through International Regimes by : Olena Bokareva

Download or read book Uniformity of Transport Law through International Regimes written by Olena Bokareva and published by Edward Elgar Publishing. This book was released on 2019 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Carrier's Liability for Deck Cargo

Author : Lina Wiedenbach
Publisher : Springer
ISBN 13 : 3662468514
Total Pages : 178 pages
Book Rating : 4.6/5 (624 download)

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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.

The Due Diligence in Maritime Transportation in the Technological Era

Author : Víctor Hugo Chacón
Publisher : Springer
ISBN 13 : 3319660020
Total Pages : 245 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis The Due Diligence in Maritime Transportation in the Technological Era by : Víctor Hugo Chacón

Download or read book The Due Diligence in Maritime Transportation in the Technological Era written by Víctor Hugo Chacón and published by Springer. This book was released on 2017-10-08 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the problem of sea carriers’ liability, with a particular focus on role of the technologies that have been employed to support maritime transport in recent decades. It examines the Hague Rules, providing an overview of the precedent standard of liability, its historical development up until its application, and its construction at the current time. To do so, it presents two exemplary studies from English and American case law, and analyzes the situations in which the courts have required the application of new technologies as part of the duties set in the current governing liability regime. Written in an easy-to-follow style, the book offers not only an unique overview of the applications of technologies in making ships both seaworthy and cargo-worthy, but also a practice-oriented guide to understanding and making decisions about sea carriers’ liability. It is intended for law practitioners as well as advanced graduate students and researchers in the field of maritime shipping, transport and insurance law

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

Author : Sze Ping-fat
Publisher : BRILL
ISBN 13 : 9004479155
Total Pages : 256 pages
Book Rating : 4.0/5 (44 download)

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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.

The System of Liability of Articles III and IV of the Hague (Visby) Rules

Author : N. J. Margetson
Publisher : Uitgeverij Paris
ISBN 13 : 9077320598
Total Pages : 241 pages
Book Rating : 4.0/5 (773 download)

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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.

Carriage of Goods by Sea, Land and Air

Author : Baris Soyer
Publisher : CRC Press
ISBN 13 : 1135124124
Total Pages : 480 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Carriage of Goods by Sea, Land and Air by : Baris Soyer

Download or read book Carriage of Goods by Sea, Land and Air written by Baris Soyer and published by CRC Press. This book was released on 2013-08-15 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Dangerous Goods by Sea

Author : Meltem Deniz Güner-Özbek
Publisher : Springer Science & Business Media
ISBN 13 : 3540758364
Total Pages : 369 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis The Carriage of Dangerous Goods by Sea by : Meltem Deniz Güner-Özbek

Download or read book The Carriage of Dangerous Goods by Sea written by Meltem Deniz Güner-Özbek and published by Springer Science & Business Media. This book was released on 2007-11-09 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever-increasing numbers of dangerous goods are carried by sea today. Worldwide concern with the risk posed by this increased frequency has led to the adoption of international technical standards to promote maritime safety and the insertion of special provisions in the carriage contracts. Moreover, growing environmental awareness and concern with the economic cost implications of maritime casualties have given rise to the regulation of liability and compensation.

A Critical Analysis of the Protection offered to Third Parties in Respect of Liabilities and Immunities under a Bill of Lading

Author : Alicia Danielsson
Publisher : GRIN Verlag
ISBN 13 : 3668019606
Total Pages : 19 pages
Book Rating : 4.6/5 (68 download)

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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.

The Hague and Hague-Visby Rules

Author : John Richardson
Publisher :
ISBN 13 :
Total Pages : 184 pages
Book Rating : 4.F/5 ( download)

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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.

Transport Documents in Carriage Of Goods by Sea

Author : Časlav Pejović
Publisher : Taylor & Francis
ISBN 13 : 0429589220
Total Pages : 292 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Transport Documents in Carriage Of Goods by Sea by : Časlav Pejović

Download or read book Transport Documents in Carriage Of Goods by Sea written by Časlav Pejović and published by Taylor & Francis. This book was released on 2020-03-05 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing a fresh, comparative approach to transport documents used in the carriage of goods by sea, this book covers bills of lading, sea waybills, ship’s delivery orders, multimodal transport documents, and electronic transport documents. The book covers historic developments, current conventions, and thoughts for the future on these transport documents; and delves deeply into the legal issues concerning them. It represents a comprehensive compilation of case and statute law from around the world on this subject. In addition to English law, the book covers American, French, German, and Italian laws, as well as the laws of several East Asian jurisdictions (China, Japan, South Korea). Primarily, the book will be of use to maritime law scholars and students, and lawyers who deal with shipping. It may also be of interest to international traders, banks, and ship masters and officers.

Rotterdam Rules for International Carriage

Author : Mr. Kishor Bhatt
Publisher : JBS Academy Private Limited
ISBN 13 : 8194669278
Total Pages : 40 pages
Book Rating : 4.1/5 (946 download)

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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.

Multimodal Transport

Author : Ralph de Wit
Publisher :
ISBN 13 :
Total Pages : 660 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Multimodal Transport by : Ralph de Wit

Download or read book Multimodal Transport written by Ralph de Wit and published by . This book was released on 1995 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work covers the common carrier liability and documentation issues. The book includes a comparative study of the law in six countries (Belgium, France, Germany, The Netherlands, the United Kingdom and the USA) regarding multimodal transport encompassing the various modes of transport. In addition, the general law of obligations (contract and tort), which differs considerably between states has been provided, taking into account how it applies to a multimodal contract.

Introduction to the Law of Carriage of Goods

Author : David A. Glass
Publisher :
ISBN 13 :
Total Pages : 378 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Introduction to the Law of Carriage of Goods by : David A. Glass

Download or read book Introduction to the Law of Carriage of Goods written by David A. Glass and published by . This book was released on 1989 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to the Law of Carriage of Goods is a comprehensive guide to the law of carriage of goods by land, sea and air, along with a brief summary of the law relating to passengers and their luggage.