Academic literature on the topic 'Hague-Visby and Hamburg Rules'

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Journal articles on the topic "Hague-Visby and Hamburg Rules"

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Mahafzah, Qais A., and Mohammad Amin Naser. "The Inadequacy of the Existing International Maritime Transport Regimes for Modern Container Transport." Modern Applied Science 13, no. 4 (March 31, 2019): 94. http://dx.doi.org/10.5539/mas.v13n4p94.

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This article intends to focus on and proves the inadequacy of the provisions that relate to containerization, mainly under the Rotterdam Rules, and partly under the Hague-Visby and Hamburg Rules since these later Rules have dealt with containerization incidentally. The Rotterdam Rules aim to establish a uniform legal regime which takes into account modern transport practices, including containerization. Such aim only seems to be partially achieved. The Rules has a partial door-to-door scope and do not provide a multimodal scope. Although the Rules have given great attention to the effect of containers in transport, most of the provisions relating to container carriage are not necessary or confusing.
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Rose, F. D. "Cargo Risks: “Dangerous” Goods." Cambridge Law Journal 55, no. 3 (November 1996): 601–13. http://dx.doi.org/10.1017/s0008197300100522.

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A shipper does not have unlimited freedom as to what he may have transported by sea. Restrictions on the goods which a charterer or cargo-owner may ship are imposed by the common law, the terms of the contract and statute. The statutory sources of control of what are normally referred to as dangerous goods may be divided into three categories: those under the Hague-Visby Rules (principally art. IV(6)); those under the Merchant Shipping Act 1995; and other legal sources. Provision is also made by the Hamburg Rules. Where a prohibition against the shipment of goods is not laid down by an express contractual obligation or specific rule of law, it is likely to be treated as depending on an implied term or collateral warranty.
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유병욱. "A Study on the Liabilities of the Carrier in the Rotterdam Rules -Focused on Comparison to Hague Rules, Hague-Visby Rules and Hambrug Rules-." KOREA INTERNATIONAL COMMERCIAL REVIEW 24, no. 4 (December 2009): 95–123. http://dx.doi.org/10.18104/kaic.24.4.200912.95.

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Sosedová, Jarmila, and Andrea Galierikova. "Carriage and legal conditions of maritime transport in the process of globalization." SHS Web of Conferences 92 (2021): 09014. http://dx.doi.org/10.1051/shsconf/20219209014.

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Research background: The paper contains a comprehensive analysis of the marine, primarily from the perspective of English law but with reference to cases in other major marine developed countries. Coverage includes all the traditional topics, such as bills of lading and charterparties (voyage, time, and demise), and focuses also on each of the international conventions regulating the subject. Additionally, the content extends to such issues as limitation, claims (in the cargo context), and a brief discussion of maritime arbitration. Purpose of the article: The main purpose of this paper is to analyse the bill of lading and other documents of carriage. It also focuses on international carriage measures, such as the Hague, the Hague-Visby, and the Hamburg Rules and discusses current developments towards uniformity. The analysis includes: analysis of shippers’ and carriers’ obligations and the analysis of rights and immunities of the carrier. Methods: The main methods used in this paper are the theoretical methods of analysis and synthesis. Every synthesis is built upon the results of a preceding analysis, and every analysis requires a subsequent synthesis to verify and correct its results. Findings & Value added: The paper seeks to examine in a commercial context the legal problems facing shipowners, charterers, shippers and receivers of goods and the solutions adopted by the courts and international conferences to those problems. Many of the legal principles involved are not restricted to shipping, but serve the wider area of commercial law generally.
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Katsivela, Marel. "Overview of Ocean Carrier Liability Exceptions Under the Rotterdam Rules and the Hague-Hague/Visby Rules." Revue générale de droit 40, no. 2 (October 17, 2014): 413–66. http://dx.doi.org/10.7202/1026957ar.

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The present article constitutes an overview of the ocean carrier liability exceptions contained in the newly adopted Rotterdam Rules and those present in the Hague-Hague/Visby Rules. Such an overview aims at identifying the main changes brought about by the Rotterdam Rules to the existing Hague-Hague/Visby exculpatory causes. Canadian, English and United States case law and doctrine commenting on the Hague-Hague/Visby Rules liability exceptions are used as the basis for the present comparative study.
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Anike, Nkiru Blessing, John Chidozie Odoh, and Uchechukwu Nwoke. "Concurrent application of the Hague and Hamburg rules: ascertaining the applicable law to contracts for the carriage of goods by sea in Nigeria." Commonwealth Law Bulletin 46, no. 2 (March 27, 2020): 195–214. http://dx.doi.org/10.1080/03050718.2020.1744460.

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Richardson, John. "A Guide to the Hague and Hague-Visby Rules (A Revised Special Report)." Arab Law Quarterly 6, no. 4 (1991): 377. http://dx.doi.org/10.2307/3381786.

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Abid, Adeel, and Yusra Khalid. "Rule of Prescription Under Article III, Rule 6 of Hague/Hague-Visby Rules: When Does the Clock of Limitation Start Ticking?" Open Transportation Journal 14, no. 1 (April 22, 2020): 38–43. http://dx.doi.org/10.2174/1874447802014010038.

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The pursuit of an internationally recognized regime which governs the allocation of risk of liability has been the predominant purpose of maritime law. At the same time, it is also necessary to set a time limit within which a legal action may be brought against the carrier. There are two regimes which govern the carriage of goods by sea and are adopted by many countries, the Hague Rules, and the Hague-Visby Rules and the time limit for claims set out in the rules against the carrier is one year from the day on which the goods are delivered or should have been delivered by the carrier. The rationale behind this is that the carrier cannot be expected to keep records for long periods and must be notified while the events are still fairly recent and recorded, as to what claims are to be presented. At present, Pakistan has adopted the Hague Rules in its Carriage of Goods by Sea Act, 1925 and despite the clarity embodied in the period of limitation as laid down under Article III, Rule 6, Pakistani Courts have given various interpretations to the term “delivery”, resulting in different outcome of the cases. In relation thereof, this article examines and discusses several judgments for decades on the subject of rule of prescription, along with the analysis of Article III, Rule 2 on the interpretation of “discharge”, and puts forward some suggestions and recommendations on the law laid down by the Convention. The rules for transport documents are based on Hague or Hague-Visby Rules, and therefore, it is necessary at the outset of the article to provide an overview of the transport system in the country. The need for efficient working of the transport system in the country is absolutely vital in view of its role in a country’s economic growth.
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Mandić, Nikola. "Institute of Excepted Perils under the Rotterdam Rules 2009." Transactions on Maritime Science 3, no. 1 (April 20, 2014): 42–52. http://dx.doi.org/10.7225/toms.v03.n01.005.

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The Rotterdam Rules set forth, on the lines of the Hague-Visby Rules, a number of excepted perils when the carrier will not be liable for the damage to cargo. The institute of excepted perils was established by the Hague Rules almost 90 years ago, and is still implemented in practice. For such cases exceptionally the carrier is not liable under the principle of assumed guilty, but under the principle of proven guilty. In the preliminary activities for concluding the new international convention, the possibility has been considered of abolition of the institute of excepted perils has been considered, but in the end nevertheless, on the initiative of mainly maritime states, it has been retained, developed and more contemporarily styled, i.e. concerted with the requirements of the contemporary maritime transport. The Rotterdam Rules in Article 17, Paragraph 3, taxatively cite the excepted perils due to which the carrier will be able to exculpate from liability. The key difference is that error in navigation is no longer an excepted peril. Especially important novelties introduced by the Rotterdam Rules are exemption of the carrier from liability due to the acts of piracy, terrorist attacks, undertaking measures to avoid or prevent possible damage to the environment, and alike.
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Katsivela, Marel. "The treatment of the sea peril exception of the Hague-Visby Rules in common law and civil law jurisdictions." WMU Journal of Maritime Affairs 16, no. 1 (May 9, 2016): 19–36. http://dx.doi.org/10.1007/s13437-016-0103-y.

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Dissertations / Theses on the topic "Hague-Visby and Hamburg Rules"

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Karan, Hakan. "The carrier's liability under international maritime conventions (The Hague, Hague-Visby and Hamburg rules)." Thesis, London Metropolitan University, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.297508.

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Samkange, Ruvarashe Kudzai. "Are the relevant provisions of the Rotterdam Rules dealing with the identification of the carrier an improvement over the Hamburg and Hague-Visby Rules?" Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27091.

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The carrier identity problem is one that may arise in the context of the international carriage of goods by sea. This problem may arise in a variety of ways particularly when the carriage arrangements are complex or where there is no clear documentary evidence that may assist in the identification of the contractual carrier. The identification of the carrier is a question of fact that can be drawn from the circumstances surrounding the carriage contract and the transport documents issued in relation to the carriage of goods by sea. The core question in solving this problem is to ask is which party assumed responsibility for the carriage and delivery of the goods. There are various ways in which the carrier may be identified, however, it must be understood that the solution to the carrier identity problem is not so straightforward. The carrier identity problem can stem from the way in which these methods of identifying the carrier are executed in practice. The dissertation argues that the relevant provisions of the Rotterdam Rules relating to the identity of the carrier are an improvement on the relevant provisions in the Hague-Visby Rules and the Hamburg Rules in that they provide a more coherent and clearer solution to the carrier identity problem than the previous carriage regimes did as well as providing solutions where the previous dispensations did not. The dissertation does not address all manifestations of the carrier identity problem, instead three specific examples are used to highlight the various aspects of the fundamental problem in order to assess whether the Rotterdam Rules have been an improvement on the previous carriage regimes. These specific instances are; when there is insufficient information to identify person or entity that is the contractual carrier; when there are different contractual and performing parties and; the carrier identity problem in the context of multimodal transportation. The Rotterdam Rules aim to be more an extensive and uniform set of Rules attempting to be a reflection of modern commercial practice in tune with the current trends and practices. The Rotterdam Rules provide what can be labelled as pre-emptive and reactive measures which seek to prevent the carrier identity problem from arising as well as providing solutions for situations when the carrier identity problems arise. This dissertation assesses whether the Rotterdam Rules, as compared to the previous dispensations do provide solutions to the carrier identity problems as well as whether such solutions are adequate to fully address these identified problems.
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Abdulrahim, Hani M. S. "Maritime carriers' liability for loss of or damage to goods under the Hague Rules, Visby Rules and the Hamburg Rules : compared with his liability as an operator under the relevant rules of the International Multimodal Transport Convention." Thesis, University of Glasgow, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.361639.

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Al-Kabban, Riyadh A. M. "The effect of deviation occurring in the course of a maritime voyage on the liability of the carrier under the Hague/Visby rules and Hamburg rules, in relation to certain countries." Thesis, University of Glasgow, 1988. http://theses.gla.ac.uk/2758/.

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Deviation occurring in the course of a maritime voyage and its effect on the carrier's liability is a controversial issue whether under the Hague/Visby Rules and the Hamburg Rules or under the COGSA of the United Kingdom and the United States. The thesis is divided into six chapters. Chapter one is aimed at defining the concept of `lq deviation and clarifying the classification of `lq deviation. Any attempt to classify the terminology of deviation into reasonable and unreasonable is considered an essential factor in deciding whether the deviation occurring in the course of the maritime voyage is a deviatory breach of contractual obligations or not. Chapter two is divided into two sections. The first one is devoted to explaining the main principles of the carrier's liability concerning the seaworthiness and the proper care of the goods by loading, handling, and stowing the goods carried. I also discussed the degree of the seriousness of the carrier's fault or his servant or agent and the effect of serious fault on the doctrine of deviation which might displace the carriage contract when such deviation occurs deliberately. Whereas, the immunities of the carrier, whether under the International Convention, i.e. The Hague/Visby Rules and The Hamburg Rules or, in the national laws and the immunities which are based on a contractual basis, are the subject of section two. I have however reached the conclusion, in this chapter, that the carrier's liability, under the Hague/Visby Rules and the Hamburg Rules, is based on the principles of presumed fault or neglect. On the other hand, I have adopted the risk approach as the best theory for introducing an explanation for holding a deviating carrier liable providing that the deviation is wrongful and increasing the risk of loss beyond that permitted by the contract and endeavours to prevent the carrier from creating unauthorized risks. Chapter three deals with the effect of deviation on the contract of carriage and its characteristics as a serious breach of the contractual obligations. I have therefore divided the chapter into two sections. Section one is concerned with the characterization of the breach of contract of carriage by explaining the distinction between the conditions and warranties under the general principles of the contract law, and the breach of fundamental term or the fundamental breach, while section two is devoted to explaining the effect of unreasonable deviation on the obligations of the contracting parties. I have however tried in this chapter to find a legal characterization for unreasonable deviation. I believe that such a serious breach is considered a breach of the substantive rules and therefore the doctrine of deviation has still the same effects on the contractual obligations as it had under the pre-Hague Rules regime. I also endeavoured to base such a breach in the carriage contract on the test of reasonableness which determines whether or not a breach of contract is fundamental or material. Thus, any exaggeration in the drastic effect of an unreasonable deviation should be isolated from the carrier's duties to provide a seaworthy ship and to load, stow, and discharge the cargo properly and carefully. The innocent party has merely a right to compensation for such loss of or damage to the cargo. Recovery of losses and damages resulting from an unreasonable deviation is the subject of chapter four. This chapter is divided into three sections which deal with the compensatory nature of losses and damages and whether the innocent party is entitled to recover the physical and the economic loss by establishing the causal relationship between the unreasonable deviation and the loss of or damage to the cargo which could be shown by adopting two doctrines, i.e. remoteness and mitigation of damage, which have tried to limit the damages. The court is however entitled to have a special method to estimate such loss of or damage to the cargo. Unless the nature and the value of the goods have been declared by the shipper before shipment and inserted in the bill of lading, the cargo-owner is entitled to recovery for full damages caused to the cargo which may exceed the statutory limitation. Chapter five is concerned with the procedures of action for lost or damaged cargo. This chapter is divided into four sections. These sections are concentrated on the principles of notice of loss, damage and delay in delivery, time limitation for suit, jurisdiction clauses, and the burden of proof under the International Conventions and COGSA. These four points are, however, classified into formal and substantive conditions. The first three conditions are formal conditions which the court must enquire as a matter of form that these conditions have been instituted before hearing the case. The last condition is a substantive condition when the court must show who bears the burden of proof at a particular point in the litigation. Finally chapter six is devoted to describing and analyzing the main principles of the Iraqi and Egyptian legal systems concerning the liability of the carrier. Iraq and Egypt have broadened their horizons by adopting the principles of the International Conventions, i.e. Egypt ratified the Hague Rules since May 29th 1944, whereas, the Iraqi Draftsman embodied the principles of the Hamburg Rules in the Iraqi Transport Law in 1983. That indicates that both apply the international rules in order to establish a joint understanding for the principles of carriage of goods by sea and to obtain some benefit of the precedents and experience of the United Kingdom and the United States in the field of maritime law.
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Chitcharoongkiat, Donaporn. "Will the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (The Rotterdam Rules) be a successful single legal solution to modern international trade by sea in the 21st century? : a comparison of the Hague/Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules." Thesis, University of Aberdeen, 2013. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=210563.

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The Rotterdam Rules are intended to be a single source of legal solutions to issues, problems and disputes arising in modern international trade by sea. They aim to bring greater uniformity and to update and modernise existing provisions to facilitate trade while maintaining an appropriate balance between the interests of carriers and shippers. Whether the Rotterdam Rules will be a success as the international convention of maritime transport law remains open to question at this stage. This thesis will offer an answer as to whether the Rotterdam Rules, particularly as compared with the Hague/Hague-Visby Rules and the Hamburg Rules, will be a successful single legal solution to international trade by sea in the 21st century. This thesis focuses on three particular areas: multimodal transport, the transport document and risk management. As regards multimodal transport, the issues discussed are the limited scope of the Rotterdam Rules and conflict problems between the Rotterdam Rules and the existing unimodal conventions. Then we consider whether the Rotterdam Rules are a big step forward in international multimodal transport. As regards the transport document, this thesis sets out to answer the question of whether the Rotterdam Rules have succeeded in terms of setting up a satisfactory and workable legal framework for the transport document and the electronic transport record. As regards risk management, the thesis considers the problem of the burden of proof under the existing conventions and assesses how well the new structure of allocation of the burden of proof under Article 17 of the Rotterdam Rules will work in practice. In conclusion, the thesis offers a view on whether the Rotterdam Rules should be accepted and supported by the industry.
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Píšová, Libuše. "Smlouvy o námořní přepravě zboží, odpovědnost dopravce." Master's thesis, Vysoká škola ekonomická v Praze, 2008. http://www.nusl.cz/ntk/nusl-9377.

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This thesis defines the most important transport documents used in the carriage of goods by sea. It describes the way how they are used and the functions they perform. The main emphasis is focused on the bill of lading which is mostly used in the liner shipping and on the Charter Party, which is the basis of the realization of the tramp shipping. The thesis gives a comprehensive overview of a complicated international legislation of the liability relations in the maritime transport, which are differently regulated in the Hague, Hague-Visby and Hamburg rules at present. There is also provided a basic overview of the maritime transport risks and the possibility of their coverage in order to reduce the negative impact of eventual damages.
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Gama, Mariana Casati Nogueira da. "O regime jurídico do contrato de transporte marítimo de mercadorias." Pontifícia Universidade Católica de São Paulo, 2005. https://tede2.pucsp.br/handle/handle/5951.

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Made available in DSpace on 2016-04-26T20:21:11Z (GMT). No. of bitstreams: 1 MarianaGama.pdf: 821073 bytes, checksum: 402b9864ba857f81db2e8321d820abb4 (MD5) Previous issue date: 2005-10-18
The legal basis of the contract of carriage of goods by sea is the main object of the present work. The choice of this topic was influenced by the great importance that it presents and by the little prominence that the current Brazilian doctrine grants to it. Furthermore, due to the increase of the Brazilian exportation, the subject-matter is each time more appreciated by the national courts. In the present work were considered not only rules of domestic law, mainly represented by the Civil Code of 2002, but also principles of international law represented by two international conventions about the subject: the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (Brussels Convention, of 1924), and the United Nations Convention on the Carriage of Goods by Sea (the Hamburg Rules, of 1978). Certain rules of comparative law had also been indicated mainly when the subject is not regulated by the domestic legal system. Finally, it was made an analysis of two other kinds of economic exploitation of the ship: the chartering contract (time and voyage charter) and the bare boat charter, comparing them to the contract of carriage of goods by sea, and although they present some contact points with the contract, they differ from it.
O regime jurídico do contrato de transporte de mercadorias por via marítima é o principal objeto de estudo do presente trabalho. A escolha do tema foi influênciada pela grande importância que apresenta e devido ao pouco destaque que a doutrina brasileira atual lhe concede. Ademais, em função do aumento das exportações brasileiras, a matéria é cada vez mais apreciada pelos tribunais nacionais. No presente ensaio foram abordadas não somente as normas de direito interno, representadas principalmente pelo Código Civil de 2002, mas também as normas de direito internacional, consubstanciadas em duas convenções internacionais sobre a matéria: a Convenção Internacional para a Unificação de Certas Regras em Matéria de Conhecimentos (Convenção de Bruxelas, de 1924) e a Convenção das Nações Unidas para o Transporte de Mercadorias por Mar (Regras de Hamburgo, de 1978). Foram também indicados dispositivos de direito comparado, principalmente quando a matéria não for abordada pelo ordenamento jurídico pátrio. Por fim, foi feita uma análise de outras duas formas de exploração econômica do navio: o contrato de afretamento (por tempo e por viagem) e a locação, confrontando-as com o contrato de transporte marítimo de mercadorias, que, embora apresentem alguns pontos de contato, não se confundem com o contrato, objeto de comparação.
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Porras, Saldana Rebeca. "La notion de contrat de transport maritime : étude de droit comparé en droit panaméen, droit français et droit anglais." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D072.

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Dans le contrat de transport maritime international de marchandises, le connaissement est le document contractuel clef et la différence avec le contrat d'affrètement est la charte-partie, dans les rapports entre l'affréteur et le fréteur. Le connaissement qui est émis en exécution d'un contrat d'affrètement régit les rapports entre le chargeur et le transporteur, d'une part et entre le transporteur et le destinataire, d'autre part et transmis à un tiers porteur de bonne foi. Interpréter les différentes étendues d'application des systèmes des Conventions Internationales en particulier la dernière Convention existante dans la normative internationale uniforme : la Convention UNCITRAL de Nations Unies ( les Règles de Rotterdam de 2008), ainsi que les autres déjà connues : la Convention de Bruxelles de 1924, les Règles de La Haye/ Visby (Le Protocole de Bruxelles, 1968 et le protocole monétaire (RHV), des Règles de Hambourg (RHAM) 1978 Convention des Nations Unies vis-à-vis des droits étudiés (le panaméen, le français et l'anglais) et les principes présentés dans les systèmes juridiques qui font partie de notre analyse; des aspects concernant au concept, à la nature et les fonctions du connaissement face à la charte-partie et des autres contrats de droit maritime international, dont la finalité est d'un titre valeur. D'abord, seront analysés la genèse et l'évolution du contrat de transport maritime international de marchandises en régime de connaissement. L'uniformité des instruments juridiques internationaux et les différentes étendues d'application des Règles de La Haye, de La Haye-Visby, des Règles de Hambourg et des Règles de Rotterdam sur le droit uniforme en régime de connaissement. Les obligations soumises aux Conventions internationales. En second lieu, le développement sera sur le contrat d'affrètement. La charte-partie et leurs différents modalités dans le transport de marchandises par mer établies dans le droit français, droit panaméen et droit anglais
In the contract of international maritime transport of goods, the bill of lading is the key contractual document and the difference with the charter contract is the charter-party, in the relations between the charterer and the charterer. The bill of lading issued in execution of a charter agreement governs the relationship between the shipper and the carrier, on the one hand, and between the carrier and the consignee, on the other hand, and transmitted to a bona fide third party carrier. Interpret the different areas of application of the systems of the International Conventions, in particular the last existing Convention in form international standard: the UNCITRAL Convention of the United Nations (the Rotterdam Rules of 2008), as well as the others known: the Brussels Convention of 1924, the Hague / Visby Rules (The Brussels Protocol, 1968 and the Monetary Protocol (RHV)), Hamburg Rules (RHAM) 1978 United Nations Convention on the Rights of Education (Panamanian, French and English) and the principles present in the legal systems that are part of our analysis; aspects relating to the concept, nature and functions of the bill of lading in of the charter party and other contracts of international maritime law, the purpose of which is of a value title. First, the genesis and evolution of the contract for the international maritime transport of goods under bill of lading will be analyzed. The uniformity of the international legal instruments and the different areas of application of the Hague Rules, The Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules on the Uniform Bill of Lading Law. Obligations subject to international conventions. Second, the development will be on the charter contract. The charter-party and their different modalities in the carriage of goods by sea established in French law, Panamanian law and English law
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Aladwani, Talal. "A comparative study of the obligation of due diligence to provide a seaworthy vessel under the Hague/Hague-Visby Rules and the Rotterdam Rules." Thesis, University of Plymouth, 2015. http://hdl.handle.net/10026.1/3664.

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In the last 100 years, vast technological and communicational changes have occurred in all modes of transportation, with momentous changes to the carriage of cargo by sea. In response, the shipping industry has attempted to codify, at the international level, regulations and standards with the aim of providing a safe environment at sea. In turn, the shipping industry’s regulations impact upon the way sea carriage is performed. The obligation of seaworthiness is no exception. The requisite standard of seaworthiness is also, to a limited extent, governed by the shipping indsutry’s regulations. It is notable that the shipping industry’s regulations cannot keep pace with technological developments and they therefore lag behind the latest inventions. This creates an imbalance in the risk borne between the parties to the contract of carriage. Accordingly, the current law on seaworthiness requires modification in order to keep up with the technological evolution in the shipping industry. For such reasons, the Rotterdam Rules and its provisions on seaworthiness, were agreed. This thesis focuses on the scope of the provisions that relate to the obligation of seaworthiness in the Rotterdam Rules as compared to the parallel obligation in the existing regime under the Hague/Hague-Visby Rules. In order to ascertain whether the new convention provides a sound system to govern the law relating to seaworthiness, it is necessary to deal with the carrier’s obligation of seaworthiness under the Rotterdam Rules as compared to the widely used regime of the Hague/Hague-Visby Rules. However, the Rotterdam Rules introduce additional changes to the regime governing the carriage of goods; for example, multimodal transport. These changes are also considered in this study. This thesis discusses the impact of multimodal carriage on the obligation and liability of seaworthiness. It proposes that a multimodality approach should not be used with particular types of sea carriage; for example, container carriage. Throughout the thesis, proposals for both regimes concerning changes to areas where the risk between the contracting parties is imbalanced are provided. This inevitably involves a detailed study on the provisions relating to the obligation of exercising due diligence (and related potential liabilities in case of breach) under the Hague/Hague-Visby Rules and the Rotterdam Rules.
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Chen, Pei-Jen, and 陳培仁. "Effect of Printing Clauses on Reverse Side of Bill of Lading-Focused on The Hague–Visby Rules and The Hamburg Rules." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/82570475662205066691.

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碩士
國立臺灣海洋大學
海洋法律研究所
93
Abstract Maritime Act in our country has once made suitable revision coordinating certain international conventions, including the rules:the Hague Rules in 1924 (international convention for the unification of certain rules of law relating to bill of lading)、the Visby Rules in 1968 (protocol amending international convention for the unification of certain rules of law relating to bill of lading,called the Brussels Protocol)、the Hamburg Rules in 1978(united nations convention of the carriage of goods by sea). We have different opinions about effect of printing clauses on reverse side of the bill of lading in practice. This thesis research some problems about effect of printing clauses on reverse side of the bill of lading in practice of Maritime Act in our country, focusing on international conventions of the Hague Visby Rules, the Hamburg Rules and so on and goal of various countries' practice. The purpose of this thesis wishes to have some contribution for these problems.Printing clauses on reverse side of the bill of lading are dense and numerous. In order to discuss deeply about these problems, this thesis only make a study of the most important and common clauses of agreement on the marine act in practice. Firstly, this thesis introduces and reviews the property、classification and transition of the bill of lading, and explains the obverse and reverse side of the bill of lading (The Chapter 2 and 3).Secondly, we discuss the opposite effect the bill of lading(The Chapter 4).We may introduce the common clauses of reverse side of the bill of lading in practice such as “defence and limits for the carrier”、“the jurisdiction”、“applicable law”、“ arbitration”and “Himalaya clause” in turn(The Chapter 5∼7).In the end, we summarize all above opinions to make the conclusions and the suggestions(The Chapter 8).
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Books on the topic "Hague-Visby and Hamburg Rules"

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solicitor, Johnson Andrew, and Lüddeke Christof F, eds. The Hamburg rules: From Hague to Hamburg via Visby. 2nd ed. London: Lloyd's of London Press, 1995.

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Ping-fat, Sze. Carrier's liability under the Hague, Hague-Visby and Hamburg rules. Boston: Kluwer Law International, 2002.

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Karan, Hakan. The carrier's liability under international maritime conventions: The Hague, Hague-Visby, and Hamburg rules. Lewiston, N.Y: E. Mellen Press, 2004.

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Britain, Great, ed. The Hague and Hague-Visby rules. 4th ed. London, [Great Britain]: Lloyd's of London Press, 1998.

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John, Richardson. A guide to the Hague and Hague-Visby rules. 3rd ed. London, Great Britain: Lloyd's of London Press, 1994.

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Richardson, John. A guide to the Hague and Hague-Visby Rules. 3rd ed. London: Lloyd's of London Press, 1994.

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Richardson, John. A guideto the Hague and Hague-Visby rules: A revised special report. 2nd ed. London: Lloyd's of London, 1989.

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John, Richardson. A guide to the Hague and Hague-Visby Rules: A revised special report. 2nd ed. London: Lloyd's of London Press, 1989.

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Lüddeke, Christof F. A guide to the Hamburg rules: From Hague to Hamburg via Visby. Lloyd's of London Press, 1991.

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Karan, Hakan. The Carrier's Liability Under International Maritime Conventions: The Hague, Hague-visby And Hamburg Rules. Edwin Mellen Press, 2005.

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Book chapters on the topic "Hague-Visby and Hamburg Rules"

1

Kasi, Arun. "Hague/Hague-Visby Rules: Application." In The Law of Carriage of Goods by Sea, 247–69. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-33-6793-7_8.

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Kasi, Arun. "Hague/Hague-Visby Rules: Carriers’ Obligation and Defences." In The Law of Carriage of Goods by Sea, 271–322. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-33-6793-7_9.

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Corcione, Carlo. "Third party protection under the Hague/Hague-Visby Rules." In Third Party Protection in Shipping, 53–61. Abingdon, Oxon [UK]; New York, NY: Routledge, 2019. |: Informa Law from Routledge, 2019. http://dx.doi.org/10.4324/9780429449635-4.

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Kasi, Arun. "Hague/Hague-Visby Rules: Carriers’ Liability and Time Limitations." In The Law of Carriage of Goods by Sea, 323–62. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-33-6793-7_10.

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Rogers, Anthony, Jason Chuah, and Martin Dockray. "Contractual Liabilities between Carrier and Cargo Interest: The Hague-Visby and Hamburg Regimes." In Cases and Materials on the Carriage of Goods by Sea, 387–503. Fifth edition. | Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2020.: Routledge, 2019. http://dx.doi.org/10.4324/9780429059742-7.

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Djadjev, Ilian. "The Carrier’s Obligations over the Cargo Under the Hague-Visby Rules and the Rotterdam Rules." In The Obligations of the Carrier Regarding the Cargo, 31–100. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-62440-2_2.

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"THE HAGUE AND HAGUE-VISBY RULES." In Principles of Commercial Law 2/e, 253–58. Routledge-Cavendish, 2001. http://dx.doi.org/10.4324/9781843141594-22.

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"BRUSSELS PROTOCOL AMENDING THE HAGUE RULES RELATING TO BILLS OF LADING 1968 (HAGUE-VISBY RULES)." In Statutes on International Trade 3/e, 492. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843143024-136.

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"Brussels Protocol Amending the Hague Rules Relating to Bills of Lading 1968 (Hague-Visby Rules)." In International Trade Law Statutes and Conventions 2011-2013, 405–7. Routledge, 2013. http://dx.doi.org/10.4324/9780203722886-58.

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"Sarah C Derrington Due Diligence, Causation and Article IV(2) of the Hague-Visby Rules." In International Trade & Business Law Annual Vol III, 188–99. Routledge-Cavendish, 1997. http://dx.doi.org/10.4324/9781843143253-10.

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Conference papers on the topic "Hague-Visby and Hamburg Rules"

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Lechev, Emil. "COVID-19 PANDEMIC AND ITS JURIDICAL EFFECTS ON THE TRANSPORT SECTOR ON A GLOBAL SCALE." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.311.

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Abstract:
The transport business is governed by system of international rules and regulations, which control the behavior between the different economic agents in the supply chain. For the airfreight industry main standard is the Montreal Convention, for the road transport it is the CMR document, and for ocean freight, such role has the rules from Hague-Visby. The report will analyze their interpretations on the COVID-19 pandemic and their economic effects on the transport industry as a whole.
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