A Comparative Analysis Of The Hague Hague Visby Rules And The Hamburg Rules PDF Download

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Aspects of the Hague Rules

Aspects of the Hague Rules
Author: Malcolm Alistair Clarke
Publisher: Springer Science & Business Media
Total Pages: 278
Release: 2013-12-01
Genre: Social Science
ISBN: 9401188548

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It has been estimated that four-fifths of an carriage of goods by sea are governed by the Hague Rules, properly known as the Convention for the Unification of Certain Rules Relating to Bills of Lading, signed at Brussels in 1924. The success of the Convention is wen recognised. Its importance is self-evident and such that, notwithstanding its success, it has been the subject of regular scrutiny with a view to improvement and reform. Attention has focussed on various matters, among them two central provisions which are the subject of this book. First to be considered is article X concerning the legal scope of the Convention: to which contracts for carriage under bills of lading does the Convention apply? This question has caused much trouble, was debated by the C. M. 1. for twenty years and was apparently settled by a new Conven tion signed at Brussels in 1968; but the solution may never come into force as the entire Convention is currently being considered by the United Nations with a view to reform of a different kind. The second part of the book examines one of the fundamental duties in the Convention. The ultimate duties of the carrier are duties of due diligence, diligence in caring for cargo and diligence in preparing his ship for sea. It is the latter duty that has been selected for detailed study.


The Hamburg Rules

The Hamburg Rules
Author: W. E. Astle
Publisher:
Total Pages: 188
Release: 1981
Genre: Business & Economics
ISBN:

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The Carrier's Liability for Deck Cargo

The Carrier's Liability for Deck Cargo
Author: Lina Wiedenbach
Publisher: Springer
Total Pages: 190
Release: 2015-05-29
Genre: Law
ISBN: 3662468514

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This book deals with the carrier’s liability for deck cargo in the Nordic countries and England as state parties of the Hague-Visby Rules. The comparative method serves to illustrate two widely differing methods of dealing with, first, the exclusion of certain deck cargo from the scope of the Hague-Visby Rules and, second, where not excluded, the Rules failure to include a special deck cargo liability regime. Various solutions similar to the English or Nordic approach, or a combination of the two, have also been adopted in a large number of other jurisdictions. Taking into consideration the massive quantities of cargo that are carried on deck today, the subject is more topical than ever. The complexity of the problem stems from the way in which the deck has, over the years, gradually become a common place to stow cargo. When the Hague Rules were introduced in 1924, deck stowage was an absolute exception due to the great risks involved. As such, the topic must first be looked at in the context of the shipping realities in which the Hague Rules were drafted and then in terms of today’s shipping realities. The comparative analysis leading up to the author’s conclusions and general remarks for future legislation consists of two parts, the first dealing with the situations in which the carrier is permitted to stow cargo on deck, and the second with the carrier’s liability for deck cargo where he has stowed cargo on deck with, or as the case may be, without such permission.


Aspects of the Hague Rules

Aspects of the Hague Rules
Author: Malcolm Alistair Clarke (Rechtswissenschafter, Grossbritannien.)
Publisher:
Total Pages:
Release: 1976
Genre:
ISBN:

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Jurisdiction and Arbitration Clauses in Maritime Transport Documents

Jurisdiction and Arbitration Clauses in Maritime Transport Documents
Author: Felix Sparka
Publisher: Springer Science & Business Media
Total Pages: 294
Release: 2010-01-11
Genre: Law
ISBN: 3642102220

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Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.