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Author: Ilian Djadjev
Publisher: Springer
ISBN: 3319624407
Category : Law
Languages : en
Pages : 343
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Book Description
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).
Author: Ilian Djadjev
Publisher: Springer
ISBN: 3319624407
Category : Law
Languages : en
Pages : 343
Get Book Here
Book Description
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).
Author: Arun Kasi
Publisher: Springer Nature
ISBN: 9813367938
Category : Law
Languages : en
Pages : 644
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Book Description
This book, written in three parts, covers the basics of the international trade, financing and the legal framework related to the law of carriage of goods by sea, elaborates on bills of lading in depth and sea waybills and ship’s delivery orders in brief and charterparties in depth. While the book is based on the English law, cases and materials from other jurisdictions, particularly Singapore, Malaysia, India, the USA, and Australia are brought in to provide an international perspective. The practical analyses, commentary and critiques of cases would be a useful guide for practitioners in developing case arguments. Although written with practitioners, academicians and students in mind, the book will also serve as a useful guide for sea carriers, freight forwarders, international traders, financiers, etc. as the complex subject is presented in reader-friendly and easy to grasp manner.
Author: John Richardson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 104
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Book Description
Explains the operation of both sets of rules and their interpretation by English and overseas courts, highlighting differences in the rules and commenting on their effects.
Author: Hakan Karan
Publisher: Edwin Mellen Press
ISBN:
Category : Law
Languages : en
Pages : 594
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Book Description
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).
Author: N. J. Margetson
Publisher: Uitgeverij Paris
ISBN: 9077320598
Category : Bills of lading
Languages : en
Pages : 241
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Book Description
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.
Author: John Richardson
Publisher:
ISBN:
Category : Bills of lading
Languages : en
Pages : 184
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Book Description
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.
Author: Martin Dockray
Publisher: Routledge
ISBN: 1135335605
Category : Law
Languages : en
Pages : 499
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Book Description
Cases Materials on the Carriage of Goods by Sea includes a collection of legislative material, standard form contracts and up-to-date coverage of English case law. It covers the major areas of chartering and bills of lading, as well as matters such as exclusion and limitation of liability. This edition has been comprehensively updated and adds the latest cases to its strong coverage of classic authorities. Notable additions in the chapters dealing with bills of lading include The Starsin, The Rafaela S, Motis Exports and The David Agmashenebeli. On the Carriage of Goods by Sea Act 1992, the important decisions of The Berge Sisar and East West Corp are incorporated, while key recent decisions on chartering, such as The Hill Harmony, The Happy Day and The Stolt Spur are fully treated. This book provides an up-to-date collection of materials relating to the carriage of goods by sea which will be of value to both students of law and legal practitioners.
Author: Baris Soyer
Publisher: Taylor & Francis
ISBN: 1317290461
Category : Law
Languages : en
Pages : 542
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Book Description
This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 11th International Colloquium, held at Swansea Law School in September 2015. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding international sale and carriage contracts. The book is set out in three parts: Part I offers a detailed and critical analysis on emerging issues and unresolved questions in international sales and the carriage contracts affected to facilitate such sales. Part II critically and thoroughly analyses the legal issues that often arise in the context of security over goods, letters of credit and similar documents. Part III is dedicated to a critical and up-to-date discussion on matters concerning cargo insurance in this context. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in international trade and carriage of goods.
Author: William Tetley
Publisher:
ISBN:
Category : Bills of lading
Languages : en
Pages : 456
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Book Description
Author: M. L. Hendrikse
Publisher: Kluwer Law International B.V.
ISBN: 9041126236
Category : Law
Languages : en
Pages : 481
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Book Description
This book contains an extensive comparative law study of English, American and Dutch law concerning the construction of The Hague (Visby) Rules. Australian and Canadian law has been discussed where relevant. The authors have attempted to present law at an academic level in a way which will be useful to the practising lawyer. Other matters discussed in this book are global limitation of liability, the applicability of The Hague (Visby) Rules in the Netherlands and electronic bills of lading. This book will be of interest to practitioners working in this very specialized field, as well as to students of comparative law. It will especially be of practical value to anyone dealing with cargo damage, ship arrest or litigation in the Netherlands. -- Provided by publisher.
