Carrier’s Liability Under International Maritime Convention - The Hague, Hague-Visby and Hamburg Rules

Author: Karan, Hakan
Year:2005
Pages:584
ISBN:0-7734-6174-4
978-0-7734-6174-1
Price:349.95
The research centers on the sea carrier's liability for loss of or damage to goods under convention based regimes. The unification, clarification and simplification of national laws regulating maritime trade have always been targets of lawyers and business people who would like to be aware of their possible legal risks in their contracts performed by sea. With these aim, three conventions were prepared: the Hague, Hague- Visby and Hamburg Rules. They with different texts and legislative styles have become the main reason for lack of uniformity in the field of the carriage of goods by sea today. In this thesis, what requirements were made them necessary are explained, and if there were any needs for other conventions is answered. The carrier's liabilities under the three Conventions are also identified, evaluated and compared.

Reviews

“The book deals with the carrier's liability for breach of contract of sea carriage of goods under the convention-based regimes: the Hague Rules, the Hague- Visby Rules and the Hamburg Rules. Dr. Karan has undertaken an ambitious and brave task in joining an ongoing debate on whether the maritime transport industry needs all the 3 conventions on the same subject: the legal regime relating to carriage of goods … The book starts on the premises that the unification, clarification and simplification of domestic legislation regulating carriage of goods by sea have always been the aim of shippers who wish to ascertain and minimize their contractual liability and insurance risks in such contracts. The book argues that it is for those reasons that the three international conventions (Hague Rules, Hague- Visby and the Hamburg Rules) were enacted.

In producing this book the author has made efficient use of his: legal and academic training; association with the International Chamber of Commerce; experiences with the International Maritime Organisation; and skills as one of the advisors of his government's Ministry of Foreign Affairs, on maritime and aviation matters. The author is to be congratulated on the admirable grasp he displays of the wealth of materials at his disposal … The book will be a valuable addition to knowledge and scholarship in maritime law generally and the convention-based regimes of sea carriage in particular. It will no doubt benefit practitioners, lawyers, shippers, policy makers, lawmakers, as well as law and business studies' students and the more advanced scholars and researchers.” – (from the Commendatory Preface) Dr Ademun-Odeke, former Reader in Law at London Guildhall (now Metropolitan) University, Senior Lecturer at University of Kent; Senior Legal Officer at International Atomic Energy Agency and Legal Officer at the International Maritime Organization, current AAA Consultant and Maritime Consultant, and author of several books and articles, such as The Law of International Trade, London (Oxford University Press / Blackstone Press Ltd) 2000; Bareboat Charters Ship Registration, The Hague (Kluwer Law International) 1999; Shipping in International Trade Relations, Aldershot (Gower Publishers) 1986; Protectionism and the Future of International Shipping, The Hague (Martinus Nijhoff) 1983 etc.

Table of Contents

Abbreviations
Table of Cases
Table of Legislation
Table of Standard Forms
Preface
Acknowledgements
Introduction
Part I – Preliminaries to the Carrier’s Liability
1. Historical Development of the Carrier’s Liability
2. International Rules Concerning the Carrier’s Liability
3. Basis of the Carrier’s Liability
Part II – Conditions of the Carrier’s Liability
4. The Contract of Carriage of Goods by Sea
5. Liable Party under the Contract of Carriage
6. Breach of Contractual Obligation
7. Breach of Breach of the Carriage Obligation while in the Carrier’s Charge
8. Loss resulting from Breach of the Carriage Obligation
Part III – Conditions of the Carrier’s Exemption from Liability
9. Exempted Incident
10. Proximate Causal Relation
Part IV – Limitation of the Carrier’s Liability
11. Limitation of Damages
12. Limitation of the Period for Action
Conclusion
Bibliography
Appendices
Index