kalastaa inc

For international trade to flourish there must be an involvement in transaction of goods by sea between a buyer in one country and seller in another. It is essential to know about the contract that governs the carriages of goods by sea, as international trade has been highly beneficial in regards to shipping industry. The carrier plays a significant role in this contract and it is necessary to understand its involvement in the contract in regards to his obligations and immunities. Also, this research shall study the present rules governing the carriages of goods by sea namely The Hague Rules, the Hague-Visby Rules, the Hamburg Rules, and the Rotterdam Rules. Comparing it to the obligation and immunity of the carrier under the Indian carriages of good by sea act. It shall also study about the liabilities imposed to the carrier in terms of limitations, exceptions duties, and burden of proof. As India continues to adopt The Hague Rules, which has serious defects however, modifications have been made under the Indian carriages of goods by sea. This research shall correspondingly raise questions like; do the current laws in India provide sufficient provisions to protect the rights of the cargo owners? What differences does it have in its provisions that deal with the carrier and the customers’ rights? If the international conventions are ratified by India, is there any expected changes for the improvement of the rules that governs the carrier’s obligations and what practicable rules should be provided for India’s maritime law to reflect itself to the international standards. In addition, this study will compare the English law with respect to all the questions raised above, under the contract that governs the carrier’s liability under the carriers of goods by sea in order to overcome the shortcoming of its predecessor. Further, this paper will put forward some suggestions and recommendations as part of its conclusion.

SHS Web of Conferences, 2018

The basic requirements concerning the marine environmental protection introduced under auspices of the IMO refers to ship’s construction and ship’s operation and are recognized as a technical in nature or connected with seafarers qualifications. The aim of the article is to emphasis the importance of private law instruments, especially financial security instruments as a tool of strengthening the maritime safety and marine environmental protection in the recent IMO’ works. Attempts to create global system of liability and compensation, especially by introducing the financial security instruments, stays in line with the IMO’s public policy and aims to increase the effectiveness of the international safety standards at sea. Firstly that new instrument has been introduced as a response to environmental threats inherent in carriage of oil as cargo. Soon it became a standard provision of many others environmental threats, such as hazardous and noxious substances, bunker oil or wreck remo...

Transactions on Maritime Science, 2021

This paper tends to clarify implications of delivery of goods performed by a maritime carrier to a consignee at the place of destination; particularly, a delivery made without receiving the original bill of lading in exchange for the goods delivered to the consignee. In spite of the importance of such delivery, none of the related international conventions has addressed the implications of such a delivery for the liability of the maritime carrier. This gap has given rise to inconsistency between the approaches adopted by various jurisdictions worldwide, and such a divergence will contradict the fundamental international principle of unifying the international maritime rules. Hence, the study is discussing the area of ambiguity under both the English and the Qatari law to reach some suggestions that could be adopted under both jurisdictions to clarify the legal position of maritime carriers as well as to protect them from liability arising under this delivery.

Comparative Law Review

EU Maritime Transport Law, 2016

Waterborne transport is of crucial importance within the European Union. Almost 90% of the EU’s external freight trade and 40% of the intra EU-exchanges of goods and passengers are carried by sea. 23 EU Member States are coastal states and 26 are Flag States. EU shipowners manage 30% of the world’s vessels and 35% of the global shipping tonnage. Each year, more than 400 million passengers pass through more than a 1.000 European ports. The Framework of the ‘Erika Packages’ has now added another imperative regulatory level to the existing global legal regime of the International Maritime Organisation (IMO) and to national laws. The EU has reacted to severe marine casualties in EU waters. As a result, almost all aspects of maritime transport and shipping are now regulated by EU Law. The Brussels Commentary on EU Maritime Law provides a comprehensive article-by-article analysis of the most relevant EU Regulations and EU Directives of the shipping sector. Covering the following issues: • The EU and Maritime Transport: A Comprehensive Overview • Regulatory Issues in Shipping • Environmental Policy and Pollution Control • Maritime Safety • Maritime Security and Infrastructure • Consumer Protection and Passenger Rights • Carriage of Goods by Sea and Litigation • Market Access • Competition • State Aid • Maritime Labour and Working Conditions • The Regulation of Inland Waterway Transport

2015

At the international level, conventions on the contracts for the carriage of goods by sea were gradually developed and four major legal regimes have been emerged, namely, the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading 1924 (the Hague Rules); the Hague Rules as Amended by the Brussels Protocol 1968 (the Hague-Visby Rules); the United Nations Convention on the Carriage of Goods by Sea 1978 (the Hamburg Rules); and the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2008 (the Rotterdam Rules).There were concerns over lack of uniformity among the previous legal regimes governing the international carriage of goods by sea, i.e., the Hague Rules, the Hague-Visby Rules and the Hamburg Rules.There was also no universal regime to govern contracts of carriage involving various modes of transport in connection with contracts of carriage by sea. In addition, they do not provide any legal...

The Modern Law Review, 1993

In a bid avoid the extensive nationalisation of carriage laws, the international maritime community set to develop rules that would regulate carriage by sea. Over the years, convention has succeeded convention such that today four international regimes (The Hague Rules, Hague-Visby Rules, Hamburg Rules and Rotterdam Rules), exist regulating carriage of goods by sea. This research takes an in-depth look at these regimes that were developed to regulate carriage by sea, with particular regard to the liability of the carrier of goods. The author aims to identify a particular regime that meets the standards of modern day practice of carriage of goods, and advocate for the ratification of this regime, to the exclusion of all others so as to foster uniformity, certainty and equality in the business of carriage of goods by sea.