Hamburg Rules 1978:
The Hague Rules and subsequently the Hague Visby Rules are favourable to the carrier and bring the cargo owners in disadvantageous position. Most of the ships owning countries are the developed countries and the cargo owners are from the developing countries. The Hague Rules or the Hague Visby Rules become burdensome on the cargo owners. Again there arose the issue of the double insurance where the cargo owner was carrying insurance for liability which was really that of the shipowners. The difficulties faced by The Hague and Hague-Visby regimes set the international organizations in motion to bring a new convention on the Carriage of goods by sea.
Firstly, the excepted perils mentioned in the Hague Visby
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Fifthly, the time bar fixed in The Hague and Hague-Visby Rules is very short to raise a claim. Especially for the apparent loss, time bar for giving notice of loss or damage was ‘before or at the time of discharge’ and for no-apparent loss it was three days. Why should there be such a short time bar for actions against the shipowner, especially if he is subject to no such special bar for an action against shipper?
Sixthly, the package or unit limitation was argued being too low for the liability of the shipowner. One can ask more generally why it exists at all; and also, whether it is not too low. It is said to need raising and inflation-proofing.
Seventhly, there is nothing in the Rules about jurisdiction and arbitration clauses and this gives a free rein to carriers to require arbitration and/or litigation in countries convenient to themselves. Of course, a shipper can negotiate with the carrier for arbitration or litigation somewhere else; but the carrier may not always be very receptive to such an amendment of his standard terms.
Eighthly, the burden of proof is different in different countries; and the interpretation of particular clauses varies from country to
- DeLovio v. Boit (1815): Maritime insurance policies are within admiralty & maritime jurisdiction of US b/c maritime contracts include charter parties, affreightments, marine bonds, Ks for repairing, supplying & navigating ships, Ks between part owners – etc – AND insurance.
This report provides an analysis and recommendation of current issues faced by Singapore-based Meli Marine, a leading container shipping company in the intra-Asian market, weather gain a presence in the Asia-North America trade routes through an acquisition of 16 vessels of Teeh-Sah Holdings. On the surface, this opportunity would expands Meli’s business and diversify it’s operations and provide a protect function against a downturn in intra-Asian market. But, this oppotunity will bring Meli lots of economic risks. It would return Meli to its former less flexible model with owning vessels also. I recommend that Meli giving up this opportunity and keeping going current excellent customer service then gradually into TransPacific
concluded that the company had the ability to specifically exclude products from exclusion, and therefore if the company interned to exclude “third party fees” and “fees, fines and penalties” from the exclusionary law, they held the responsibility to do so. See New Madrid County Reorganized School Dist. No. 1 v. Continental Cas. Co., 904 F.2d 1236, 1240-41 (8th Cir. 1990) ("If Continental Casualty wanted to exclude this type of liability from its policy it could and should have done so explicitly. Absent an explicit exclusion, we must apply the language as
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
agree with Hempel to the point that there are rules and general laws that can be
Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules
Despite the importance of globalization, the international intermodal transport systems have seen increased scrutiny to support new freight, volume, and distance regulations when freight moves. The technological improvements continue to permit larger quantities of freight to be moved more efficiently. The intermodal transport systems are crucial to further globalization. However, the transport systems themselves are not necessarily the grounds for greater international trade. Therefore, international trade necessitates dissemination groundwork that can secure the trade between numerous partners. The governing regulations within the international trade agreements substantiate trade measure accomplishments. These factors promote efficiencies or inefficiencies of the transportation groundwork. Furthermore, the transport systems infrastructure encourages or can impede the possibilities of international trade.
International Trade Law Case Study Introduction International trade transaction is essential for the sale of goods with the addition of an international element. In practice, the seller and buyer are in different countries where the goods must travel from the seller’s country to the buyer’s country by various means of transports. In international sale of goods, they usually transit the goods by sea because of the international transactions. Therefore, contracts for the carriage of those goods must be procured between the seller or buyer and common carrier depending on different types of sale of contracts. Moreover, in most of incidences, the agreed goods are usually insured at a reasonable amount in case of being loss or damaged during the transit.
Although merchant ships spend most of their lifetime outside the territorial waters, the current international maritime legal regime is ironically revolved around nationality of the vessel. Every vessel engaged in international trade must register in a country and is subjected to the regulatory control of that country whose flag it flies as per the existing international maritime law. Resultantly, any country has the right to allow a vessel to fly its national flag and to therefore bestow its nationality upon that vessel. When a vessel owner registers a vessel with a nation, the owner agrees to abide by that nation’s law and regulations of that ‘flag state’ in return for protection and the right of its vessel to be of that sovereign state. A system commonly known as “Flags of Convenience” (FOC) has developed, in which commercial vessels register in countries with “open registries” and consequently the ships contain practically no link at all to the flag states in which they are registered.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
The concept of salvage entails the provision of assistance to a maritime property, mainly a ship, cargo or both which is facing a potential threat, officially described as “danger”; the main point differentiating salvage from towage. Danger, referring to either a present or a potential hazardous situation, has to be evidenced in court by the salvor in order for a claim to be considered as a salvage claim (Institute of Maritime Law, 2008, p.186).
destination in the same condition as they began their journey, though other layers must be put in place to achieve a more comprehensive level of safety for vehicle and cargo transit. Lost or resting cargo containers and vehicles
In any kind of legal relations, subject always play an important role, and it is one of the signals to determine the relation that pertaining the adjustment of any legislation system. International law is a legislation system that is a set of thousands of documents from various sources. The research about the subjects is necessary since it helps to find out the source of law, which relation pertains the adjustment of law. The subjects of international law include sovereign states and analogous entities, intergovernmental organizations, the individuals, and multinational corporations.
The United Nations Convention on the Law of the Sea (LOSC) has been managing maritime issues fundamentally for years and acceptable as the basic convention on solving maritime dilemmas. Not only dispute among states but also managing sea resources among states. Remarkably, maritime issues have been developing into more complex and complicated regarding the modernization, globalization and transnational problems. This convention alone is not enough to provide complete guidance to manage the confronting interests on the sea.