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

Author: Grafiati

Published: 4 June 2021

Last updated: 18 February 2022

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1

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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

sun-ok kim. "An Application of the Article 3(6) of the Hague/Visby Rules in relation of Delivery Operations of a Cargo." Journal of International Trade & Commerce 8, no. 3 (September 2012): 161–77. http://dx.doi.org/10.16980/jitc.8.3.201209.161.

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12

Ceil, Chenoy. "Limit Liability under Hague-Visby, Hamburg and Rotterdam Rules." SSRN Electronic Journal, 2018. http://dx.doi.org/10.2139/ssrn.3521056.

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13

Magashi, Awwal Ilyas, and Abdulrashid Lawan Haruna. "Revisiting Freedom of Contract in the Contract of Carriage of Goods by Sea under the Rotterdam Rules: Service Contracts in Disguise?" IIUM Law Journal 24, no. 1 (June 23, 2016). http://dx.doi.org/10.31436/iiumlj.v24i1.229.

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The historiography of international legal regimes regulating freedom of parties to the contract of carriage of goods by sea is replete with uncertainties and enmeshed in disarray thereby deflecting the much desired effort to have a uniform and acceptable convention. This article examines the issue starting from the era of unfettered “one sided” freedom of “leave it or take it syndrome” down to the regulated hegemony under the Hague/Hague-Visby, as well as Hamburg Rules. This raises the question: to what extent should the freedom of parties be regulated under the proposed Rotterdam Rules? In an attempt to answer this question, the article apprises the antecedents of parties’ freedom under the existing anachronistic regimes in juxtaposition with the practice under the Rotterdam Rules with a view to promoting development of global commerce. The article further observes that the mechanism provided under the canopy of “volume contract” suggests a better package but with its attendant consequences. The article suggests the need for a holistic approach towards ratification of the Rotterdam Rules albeit, subject to some certain amendments with a view of eschewing the egocentric syndrome that pervaded the success of the Hamburg Rules by the major maritime players.

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14

Cwinya-ai, Robert Ongom. "Sky Reefer Cases - Analysis of Case Law Developments and its Effects on Hague Visby or Hamburg Rules Jurisdiction, 2003-To the Present: A Comparison of South African Cases." SSRN Electronic Journal, 2008. http://dx.doi.org/10.2139/ssrn.1318884.

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15

Patwari, Sumita. "Rotterdam and Hague-Visby Rules -- A Comparative Analysis." SSRN Electronic Journal, 2014. http://dx.doi.org/10.2139/ssrn.2382614.

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