The System of Liability of Articles III and IV of the Hague (Visby) Rules PDF Download
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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: N. J. Margetson
Publisher: Uitgeverij Paris
ISBN: 9077320598
Category : Bills of lading
Languages : en
Pages : 241
Get Book Here
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: 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: 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: United Nations Conference on Trade and Development
Publisher: New York : UNCTAD
ISBN:
Category : Business & Economics
Languages : en
Pages : 236
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Book Description
Author: Alan Mitchelhill
Publisher: Springer
ISBN: 1489972366
Category : Science
Languages : en
Pages : 179
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Book Description
Author: Christof F. Lüddeke
Publisher: Lloyd's of London Press Limited
ISBN:
Category : Business & Economics
Languages : en
Pages : 160
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Book Description
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.
Author: Nicolai I. Lagoni
Publisher: Springer Science & Business Media
ISBN: 3540729151
Category : Law
Languages : en
Pages : 394
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Book Description
Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.
Author: William Tetley
Publisher:
ISBN:
Category : Bills of lading
Languages : en
Pages : 456
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Book Description
Author: Olena Bokareva
Publisher: Edward Elgar Publishing
ISBN: 1786437457
Category : Law
Languages : en
Pages : 335
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Book Description
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.
Author: Meltem Deniz Güner-Özbek
Publisher: Springer Science & Business Media
ISBN: 3540758372
Category : Law
Languages : en
Pages : 369
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Book Description
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.
