A critical analysis of the obligation and liability of the carrier under the Rotterdam Rules
The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2008 (‘the Rotterdam Rules’) facilitates modern alternatives and provides substantial changes to the Hague Rules, the Hague-Visby Rules and the Hamburg Rules from various perspectives. No...
Main Authors: | , , , |
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Format: | Article |
Language: | English |
Published: |
Lexis Nexis Malaysian Sdn Bhd
2019
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Subjects: | |
Online Access: | http://irep.iium.edu.my/70927/ http://irep.iium.edu.my/70927/ http://irep.iium.edu.my/70927/1/70927_A%20critical%20analysis%20of%20the%20obligation%20and%20liability.pdf |
Summary: | The United Nations Convention on Contracts
for the International Carriage of Goods Wholly
or Partly by Sea 2008 (‘the Rotterdam Rules’)
facilitates modern alternatives and provides
substantial changes to the Hague Rules, the
Hague-Visby Rules and the Hamburg Rules from
various perspectives. Nonetheless, it is not yet
in force to this day as major maritime countries
are generally not in favour of the rules as it
increases the obligation and liability of carriers.
Accordingly, this paper evaluates to what extent
the carrier’s obligation and liability is extended
under the Rotterdam Rules. In fact, the obligation
and liability of the carrier envisaged under these
rules provide the balance of interest between
shipping companies and shippers. Therefore,
authors propose that it is beneficial for States
which have little or no maritime transportation
industry to go for ratification, acceptance,
approval or accession of the Rotterdam Rules. |
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