Author: Sze Ping-fat
Publisher: BRILL
ISBN: 9004479155
Category : Law
Languages : en
Pages : 256
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Book Description
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.
Author: Indira Carr
Publisher: Routledge
ISBN: 1134846185
Category : Law
Languages : en
Pages : 1097
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Book Description
International Trade Law offers a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Fully updated with changes to the law and new directions in legal debate, this new edition considers: Standard trade terms including INCOTERMS 2010, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts E-Commerce issues, including electronic bills of lading Insurance and payment mechanisms, such as letters of credit and the UCP 600 International transportation of cargo, including the Rotterdam Rules Dispute resolution (including jurisdiction, applicable law, arbitration and mediation), with particular reference to the relevant EU regulations and the developing case-law thereon Corruption and anti-corruption conventions, including the UK Bribery Act 2010 and developments relating to deferred prosecution agreements In addition to clarifying a range of topics through tables and diagrams, the book directs readers to relevant further reading and online resources throughout, offering students an accessible resource to this often challenging area of the law.
Author: Baris Soyer
Publisher: Taylor & Francis
ISBN: 1000175774
Category : Law
Languages : en
Pages : 330
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Book Description
This book covers in one handy volume all the major topics associated with ship operations. Carefully, co-ordinated to ensure breadth, relevance and lack of overlap, the topics covered are addressed by authors are the very top of their profession, whether in legal practice or academia, and are presented in a manner which is topical and clear. Part I offers a detailed and critical analysis of issues of contemporary importance concerning new liability regimes and developments. Part 2 discusses how parties, in particular ship operators, attempt in contemporary practice to allocate their risks concerning ship operations. Part 3 evaluates the legal position of those involved in more ‘back office’ operations. The book provides an invaluable guide to recent legal and practical developments and offers a comprehensive, well-informed and thoroughly practical guide on what is a very complex and developing area of law. It will therefore be of great use to legal practitioners and administrators of ship operations worldwide, as well as students in this area and academics associated with maritime law generally.
Author: Duygu Damar
Publisher: Springer Science & Business Media
ISBN: 3642215092
Category : Law
Languages : en
Pages : 333
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Book Description
The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.
Author: E. van Hooydonk
Publisher: Maklu
ISBN: 9046603903
Category : Law
Languages : en
Pages : 66
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Book Description
PORTIUS is the world's first institution to specialize in the study of international and EU law on maritime and inland ports. This book is the inaugural lecture by PORTIUS chairman Eric van Hooydonk, illustrating the rich tradition and highly dynamic nature of port law and arguing that it is integral to maritime law. The lecture also highlights numerous deviations from the general law and the preference of ports not to be subject to legal regulation.
Author: Andreas Furrer
Publisher: Stämpfli Verlag
ISBN: 3727216115
Category : Law
Languages : en
Pages : 388
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Book Description
The scope of this book is to present the cornerstones of a modern transportation law embedded in a modern logistics and supply chain environment. For this purpose, internationally leading experts write contributions on specific topics of transportation law. The authors compare different legal approaches and present conceptually convincing answers. In addition, they discuss unsolved issues in transportation law. In a first step, the challenges and chances regarding the transformation of the transportation market will be illustrated. Subsequently, several key topics such as the basic principles in transportation law, regulative frameworks form digital freight documents and a look towards a modern logistics will be covered. In conclusion, the insights for a reform in Swiss transportation law reform are identified.
Author: Chia-Jui Cheng
Publisher: Kluwer Law International B.V.
ISBN: 9041140654
Category : Law
Languages : en
Pages : 2118
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Book Description
Anyone involved in trade law knows the time-consuming nature of obtaining primary source material and consulting each of the main trade laws. Now in its fourth edition, Basic Documents in International Trade Law solves this problem by assembling, in a single, easy-to-use resource, a very comprehensive collection of the most important and frequently used documents on the law of international trade. In addition to its obvious practical value, this work reveals much about the process of harmonization in international trade law and the operation of the key international trade bodies. This makes the book a helpful reference for international business lawyers, researchers, legislators and government officials in the field. Since the successful publication of the previous editions of the book, the appearance of new conventions and model laws has considerably enriched the law of international trade, and the present edition contains a wealth of new material. The book has been substantially revised and several new instruments have been included. Among the most significantly important improvements to this new edition are new chapters added to different parts of the book, a redesigned and thoroughly revised Part 6 reflecting the expansion of intellectual property rights under the framework of treaties administered by World International Property Organization, and bibliographies and other research resources updated and enlarged to include an extraordinarily rich collection of books and articles in many trading languages besides English, including, for the first time, major Chinese works in the international trade law field. As the late Prof. Clive M. Schmitthoff commented on the first edition, the book ‘is not only of practical usefulness but has also considerable jurisprudential value’, and ‘reveals the methodology of the harmonization process in the area of international trade law’. The International Business Lawyer first commented in 1987 that the book ‘can only be described as a “vade mecum” for every international business lawyer’, an assessment that now seems more merited than ever.
Author: Ping-fat Sze
Publisher:
ISBN:
Category : Carriers
Languages : en
Pages : 590
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Book Description
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.
Author: Ping-fat Sze
Publisher: Kluwer Law International B.V.
ISBN: 9403541504
Category : Law
Languages : en
Pages : 380
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in Hong Kong. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting Hong Kong. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.
Author: Alicia Danielsson
Publisher: GRIN Verlag
ISBN: 3668019606
Category : Law
Languages : en
Pages : 19
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Book Description
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.
