| Description |
1 online resource |
| Contents |
Preface; Acknowledgements; Contents; Abbreviations; Chapter 1: Shipping and the Law on Bills of Lading and Charter Parties; 1.1 Parties to a Contract of Carriage; 1.2 Types of Contracts of Carriage; 1.2.1 Bill of Lading Contract of Carriage; 1.2.1.1 General; 1.2.1.2 Three Main Functions of the Bill of Lading; 1.2.1.3 Essence of the Bill of Lading; 1.2.1.4 Other Transport Documents; 1.2.1.5 Bills of Lading Under Charter Parties; 1.2.2 Charter Party Contract of Carriage; 1.2.2.1 General; 1.2.2.2 Essence of the Charter Party Agreement; 1.2.2.3 Types of Charter Parties; Voyage Charter Parties |
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Time Charter PartiesOther Types of Charter Parties; References; Case Law; Chapter 2: The Carrierś Obligations over the Cargo Under the Hague-Visby Rules and the Rotterdam Rules; 2.1 Introduction; 2.2 The Evolving Law of the Carriage of Goods by Sea; 2.2.1 The Hague Rules (1924) and Hague-Visby Rules (1968); 2.2.2 The Hamburg Rules (1978); 2.2.3 The Rotterdam Rules (2008); 2.3 The Obligations of the Carrier Regarding the Cargo Under Common Law; 2.3.1 Cargo Claims; 2.3.2 Burden of Proof; 2.4 The Obligations of the Carrier Regarding the Cargo Under the Hague-Visby Rules |
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2.4.1 The Carrierś Responsibilities: General Overview2.4.1.1 Article III Rule 1; 2.4.1.2 Article III Rule 2; 2.4.1.3 Article III Rule 3; 2.4.1.4 Article III Rule 4; 2.4.1.5 Article III Rule 5; 2.4.1.6 Article III Rule 6; 2.4.1.7 Article III Rule 6bis; 2.4.1.8 Article III Rule 7; 2.4.1.9 Article III Rule 8; 2.4.2 Article II; 2.4.3 Article III Rule 2; 2.4.3.1 Nature of the Obligation; 2.4.3.2 Relationship with the Provisions of Article IV; 2.4.3.3 Is the Duty Delegable or Not?; 2.4.3.4 When Does This Duty Arise and When Does It Cease?; 2.4.3.5 Burden and Order of Proof |
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2.4.4 The Carriers ́Cargo-Related Duties Under Charter Parties2.4.4.1 Legal Issues Relating to the Loading and Stowing of Cargo; 2.4.4.2 Legal Issues Relating to the Discharge and Delivery of Cargo; 2.5 The Obligations of the Carrier Regarding the Cargo Under the Rotterdam Rules; 2.5.1 The Launch of a New Liability Regime: Foreword; 2.5.2 Defining the Principal Parties to a Contract of Carriage; 2.5.3 Identity of the Carrier; 2.5.4 The Obligations of the Carrier Regarding the Cargo; 2.5.4.1 Introduction; 2.5.4.2 The Obligation to Carry and Deliver the Goods (Article 11) |
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2.5.4.3 The Obligation to Exercise Care for the Cargo (Article 13)Content of the Obligation; Scope of Operation; Transferability of the Obligation; 2.5.5 The Period of Responsibility of the Carrier (Article 12); 2.5.6 Burden of Proof; 2.5.7 What Lies Ahead: Prospects of the New Convention to Modernize and Harmonize the Law; References; Case Law; Chapter 3: The FIOS(T) Clause; 3.1 Introduction; 3.2 Shipping Terms; 3.3 The Tension Between the Hague-Visby Rules and the FIOS(T) Clause |
| Summary |
This book addresses the legal and contractual obligations of sea carriers regarding due care for the cargo under a contract of carriage. While the general framework employed is the leading international liability regime, the Hague-Visby Rules, the discussions in each chapter also account for the possible future adoption of a new regime, the Rotterdam Rules. The subject matter concerns the standard for the duty of care for goods as codified in the Hague-Visby Rules, but the work also touches upon a wide range of related topics found both in law and in practice, providing valuable commercial, technical and historical links as well as various solutions that have been found at the national and international level to address challenges arising in this specialised area of law. The book is divided into six chapters, which gradually reveal the complexity of the topic. Chapter 1 provides a thorough introduction to the two main transport documents in use, and to the basic logic behind shipping, sea-going trade and related national and international legislation. In turn, Chapter 2 presents an overview of the relevant provisions of the Hague-Visby Rules. Chapters 3, 4 and 5 examine the problems arising out of the insertion of a FIOS(T) clause in the contract of carriage; the carriage of goods on deck; and the carriage of goods in containers, respectively. Lastly, Chapter 6 provides an overall conclusion on the legal status quo and current practice, as well as future prospects. The book was written with a number of potential readers in mind and is intended to open up the topic to a broader audience. It is suitable both for readers who wish to advance their learning (e.g. professionals, practitioners and postgraduates) and for readers with little or no prior knowledge of the topic (e.g. students and researchers) |
| Bibliography |
Includes bibliographical references |
| Notes |
Vendor-supplied metadata |
| SUBJECT |
International Convention for the Unification of Certain Rules Relating to Bills of Lading (1924 August 25). Protocols, etc. (1968 February 23) http://id.loc.gov/authorities/names/n2010023880
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International Convention for the Unification of Certain Rules Relating to Bills of Lading (1924 August 25) fast |
| Subject |
Bills of lading.
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Carriers -- Law and legislation.
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Marine insurance.
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LAW -- Military.
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LAW -- Maritime.
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Bills of lading
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Carriers -- Law and legislation
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Marine insurance
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Hague-Visby Rules [Brussels, 23 February 1968].
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Carriage of goods by sea.
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Contractual obligations.
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Contractual responsibility.
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| Genre/Form |
Electronic books
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| Form |
Electronic book
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| ISBN |
9783319624402 |
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3319624407 |
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3319624393 |
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9783319624396 |
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