Legal Analysis of the Hamburg Rules Part 1 PDF Download
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Author: A. Diamond
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: A. Diamond
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: John Thomas
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Gordon Pollock
Publisher:
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Category :
Languages : en
Pages :
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Author: Michael Mustill
Publisher:
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Category :
Languages : en
Pages :
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Author: Sze Ping-fat
Publisher: BRILL
ISBN: 9004479155
Category : Law
Languages : en
Pages : 256
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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: Christof F. Lüddeke
Publisher: Lloyd's of London Press Limited
ISBN:
Category : Business & Economics
Languages : en
Pages : 160
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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: United Nations Conference on Trade and Development
Publisher: New York : UNCTAD
ISBN:
Category : Business & Economics
Languages : en
Pages : 236
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Author: Alicia Danielsson
Publisher: GRIN Verlag
ISBN: 3668019606
Category : Law
Languages : en
Pages : 19
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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.
Author: Francesco Berlingieri
Publisher: Maklu
ISBN: 9789062153909
Category : Law
Languages : en
Pages : 244
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Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Merchant Marine
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 500
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