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
The Hague Rules are so called because the work on them commenced at a meeting of the International Law Association at The Hague in Netherlands in 1921. They were eventually adopted by a diplomatic convention at Brussels in 1924 so they are also referred to as the Brussels Convention although they are normally called the Hague Rules. They represent the first effective internationally agreed control of bill of lading terms. Before the adoption of Hague Rules many ship-owners were undertaking no liability
law. The Hague-Visby Rules, Hamburg Rules and Rotterdam Rules are all international trade laws which attempted to harmonise trade law regarding carriers. However, not all countries have parted from their laws and adopt the Rotterdam Rules, the most modern of the three provisions. The Hague-Visby Rules are heavily criticised because of the laws included seem to heavily favour cargo owners and the Hamburg rules were introduced to replace the 1924 Hague Rules and the 1968 Hague-Visby Rules (Wanigasekera
‘door-to-door’. In addition, it establishes new commercial practices where it is necessary for instance, ‘electronic transport documents’ or ‘shipper’s obligations’ therefore it covers the sea carrier’s obligation with new manners differ than those under Hague-Visby-Rules.[footnoteRef:1] [1: Theodora Nikaki, and Baris Soyer, p 319.] At this stage this research describes the main features of Rotterdam Rules by analysing the new approaches it incorporates in with respect to its scope of application, notion of
Lading. It is also known as the 1921 Hague Rules and the Brussels convention of 1924. The Hague Rules were extensively revised in 1968 by a Brussels Protocol. The amended version is known as the Hague-Visby Rules. Most countries are a party to the 1921 Hague Rules, and a few have adopted that Hague-Visby amendments such as France and the United Kingdom. A bill of lading serves three purposes, First it is a carrier’s receipt for goods. Second it i... ... middle of paper ... ...bsp;This case is basically
Part 1: Critically assess the argument that electronic bills of lading are better and more effective than paper bills of lading. This essay will answer the first part of the question by at first introducing bills of lading, their history and features and then explain what electronic bills of lading are. Bills of lading originated as a result of Mediterranean trading during the 11th or 12th century AD when records of the goods loaded (where the word ‘lading’ comes from) on to ships over long distances
The third main function of a BOL is that it can be recognized as a ‘document of title’. Sarah Dromgoole and Yvone Baatz explained a document of title as, “A document of title is a documentary intangible, in other words a document which is capable of representing a chose in action. There are two kinds of documentary intangible: documents of title to money and documents of title to goods. Both kinds of documentary intangible symbolize, or represent, an obligation. As far as a document of title to goods
shipment.” Under the NYPE46 and NYPE93, the charterer, not the shipowner, has the right to choose the type o... ... middle of paper ... ...ed in the terms of the charterparty. This is particularly true in cases where the provisions of the Hague/Visby Rules become applicable after the bill has been indorsed to a third party. Shipowners who wish to control over such extension of their liability may require any bill to be issued in the standard form designed for use with a particular charterparty
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
The Hanseatic League, or Hansa, was a trade confederation in northern Europe that stretched from the Baltic to the North Sea. The league dominated commercial activity from the thirteenth to the fifteenth century, and had a major influence on economic structure up through the seventeenth centuries (Hibbert). The Hanseatic League had a profound impact on the trading system used today in Europe, and has been partially revived in certain European cities. Formation The Hansa was founded by European towns
PYRENE CO., LTD. V. SCINDIA STEAM NAVIGATION CO., LTD QUEEN'S BENCH DIVISION [1954] 2 QB 402, [1954] 2 All ER 158, [1954] 2 WLR 1005, [1954] 1 Lloyd's Rep 321 HEARING-DATES: 15, 16, 17 March, 14 April 1954 HEADNOTE: By the Carriage of Goods by Sea Act, 1924 , Schedule, Article I (b): "'Contract of carriage' applies only to contracts of carriage covered by a bill of lading... In so far as such document relates to the carriage of goods by sea, including any bill of lading... Issued under or pursuant
What is M-commerce? The last decade has witnessed a lot of growth of mobile communication devices and wireless technologies across the globe. This has led to a change in the way many activities are conducted and opened the way for m-commerce, which is e-commerce's next evolutionary stage. The significant power of m-commerce is primarily as a result of the ability to connect wireless devices anytime, anywhere (The Future of Mobile Payment Systems : Rise of the Mobile Wallet 2012-2017 [Electronic version]