scholarly journals How Delivery of Goods without Tendering of Bill of Lading Can Discharge Liability of Maritime Carrier

2021 ◽  
Vol 10 (1) ◽  
Author(s):  
Derar Al-Daboubi
Keyword(s):  
Bill Of Lading ◽  
Legal Position ◽  
International Conventions

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.

scholarly journals LEGAL REGULATION OF INTERNATIONAL CHARTER AND LINER SHIPPING

2021 ◽  
Vol 76 (3) ◽  
pp. 64-73
Author(s):  
Alla Palchenko ◽  
◽  
Elena Pishchanskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Maritime Transport ◽  
International Treaties ◽  
National Legislation ◽  
Legal Norms ◽  
Bill Of Lading ◽  
Maritime Shipping ◽  
International Transport ◽  
International Conventions ◽  
Conflict Of Law

Legal regulation of relations arising from the implementation of international transport has its own specifics. The most important conditions are defined in international agreements − conventions, which are the main source of regulation in this area of relations. The agreements contain mainly unified substantive legal norms necessary for the settlement of conflicts that most often arise in the regulation of issues in the field of international transport. It should be noted that international transport conventions also consist of conflict-of-law rules, which are invoked in the absence of unified substantive law. As a rule, conflict-of-law rules refer to national legislation, but sometimes also to the norms of international conventions. The norms of the conventions on international transportation are imperative for contracts of carriage, executed by a transport document − a bill of lading. As a rule, conflict-of-law rules refer to national legislation, but sometimes also to the norms of international conventions. The norms of the conventions on international transportation are imperative for contracts of carriage, executed by a transport document − a bill of lading. Relations in the field of maritime shipping in many cases remain subject to the provisions of domestic maritime law, which must be determined by conflict of laws rules. However, as there are again few generallyaccepted conflict-of-law rules established by international treaties, all relevant issues are resolved at the level of national case law, and it is also different. In connection with the development of the world economy and international economic relations, the question of the ability and degree of influence of maritime transport on them plays an important role. Maritime shipping is central to a single global transport system. Maritime transport is already in its format of activity is an international industry, and concerns the activities of the carrier for the movement of goods or passengers from the port of departure to the port of destination.Keywords: convention, bill of lading, charter, sea transportation, seaport

scholarly journals The Study of Regulations Governing Shipping Bill of Lading in Iran Laws and International Trade Documents

2016 ◽  
Vol 9 (8) ◽  
pp. 44
Author(s):  
Seyedeh Koyestan Sharify ◽  
Ali Mohammad Mokarrami
Keyword(s):  
International Trade ◽  
Descriptive Analysis ◽  
Legal Concept ◽  
Bill Of Lading ◽  
Research Findings ◽  
The Common ◽  
Judicial Procedures ◽  
The Right ◽  
Common Trade ◽  
International Conventions

The present study deals with review of regulations governing shipping bill of lading in Iran laws and international trade documents through descriptive analysis. In this paper, it is tried to study the concepts of maritime transport contract, legal concept of vessel, shipping bill of lading and its components, the content of shipping bill of lading and its proofing aspects in international conventions and Iran law. The research findings indicate that shipping bill of lading is considered one of the valid documents in international trade and in accordance with the common trade, judicial procedures and the maritime code of Iran and Hamburg convention is considered as a common trade document. In Rotterdam convention, the capability of transferring written and electronic transport record and their transferring procedure as used in trade documents has been mentioned. The value and credit of shipping bill of ladings of goods embarked on deck or clean bill of lading in international trade made such bill of ladings be supported by trade code in international trade and conventions and local regulations of countries such that the transportation agents are prohibited from the right to prove negative of some contents of this document against the holder in good faith of shipping bill of lading.

scholarly journals MANAGING OIL SPILL LIABILITY RISKS

2008 ◽  
Vol 2008 (1) ◽  
pp. 557-559
Author(s):  
Rebecca Day ◽  
Peter Rodgers ◽  
Susan Lafferty
Keyword(s):  
Oil Spill ◽  
Legal Liability ◽  
Contingency Planning ◽  
Corporate Structure ◽  
The World ◽  
Legal Position ◽  
International Conventions ◽  
Liability Risks ◽  
A Company

ABSTRACT Possibly the most costly mistake for companies that transport petroleum and chemicals is the failure to fully understand potential liability for an oil spill. A company that does not understand its legal position may respond to an incident that is not its responsibility, or fail to respond to an incident that is. It may wrongly assume that international conventions (such as the CLC 92) apply, and fail to protect against the liability it will bear if they do not. This failure to understand and manage liability risks has created notorious oil spill headlines in recent months, as companies and corporate officers find themselves prosecuted for actions they thought were innocent - or even helpful - and under laws they never expected to apply. This paper will consider, through concrete examples provided by oil spill lawyers from all over the world, how this legal liability can arise and particularly how parties who do not expect to be responsible for a spill can become so through well-meaning actions and incomplete understanding of international conventions. This paper will then suggest a variety of practical steps companies can take to manage the risk, including: vetting, contingency planning for non-shipowners, tabletop exercises, liability analyses, and education within the corporate structure.

scholarly journals REASSESSING THE ROLES OF THE YANG DI-PERTUAN AGONG AND THE RULERS IN THE MAKING OF INTERNATIONAL TREATIES

2020 ◽  
Vol 11 ◽  
pp. 117-152
Author(s):  
Ahmad Nasyran Azrae
Keyword(s):  
Federal Government ◽  
Research Method ◽  
Executive Power ◽  
Vienna Convention ◽  
International Treaties ◽  
Legal Documents ◽  
Federal Constitution ◽  
Local Case ◽  
Legal Position ◽  
International Conventions

Malaysia continuously negotiates, signs and ratifies international treaties to foster closer relationship with its counterparts. The Federal Constitution of Malaysia provides no direct provision in granting treaty-making capacity to a specific person(s) or institution(s). However, it may be deduced from the available provisions that such power is exercisbale by the executive arm of the Federal Government. By definition, the executive includes the Yang di-Pertuan Agong, which is elected among the Malay Rulers by the Conference of Rulers. This paper reassesses the roles and functions of the Yang di-Pertuan Agong and the Rulers in the making of international treaties. The study is carried out using library based research method that assesses the provisions of the Federal Constitution, local case(s) and international conventions, in particular the Vienna Convention on the Law of Treaties 1969. The paper will delve into the available legal documents to explain the functions of the Yang di-Pertuan Agong and the Rulers under the Federal Constitution and accordingly reassess the legal position of the the Yang di-Pertuan Agong and the Rulers in the making of international treaties. The finding of this paper will show that, in practice, the Yang di-Pertuan Agong and the Rulers hve no the executive power to conclude and sign international treaties. Nonetheless, the Federal Constitution does confer certain limited powers on the Yang di-Pertuan Agong and the Rulers that may indirectly influence the making of international treaties. These roles are normally consultative in nature.

scholarly journals Carriage and legal conditions of maritime transport in the process of globalization

2021 ◽  
Vol 92 ◽  
pp. 09014
Author(s):  
Jarmila Sosedová ◽  
Andrea Galierikova
Keyword(s):  
Value Added ◽  
Developed Countries ◽  
Maritime Transport ◽  
Commercial Law ◽  
Legal Principles ◽  
Bill Of Lading ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Hague ◽  
International Conventions

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.

scholarly journals TRANSFORMATION OF THE INSTITUTIONAL BASE OF WORLD CARGO TRANSPORTATION

2017 ◽  
Vol 19 (2(64)) ◽  
pp. 124-128
Author(s):  
D.V. Kartyshev
Keyword(s):  
Legal Status ◽  
Regulatory Framework ◽  
Vienna Convention ◽  
Commercial Law ◽  
Bill Of Lading ◽  
Trade Turnover ◽  
International Transport ◽  
The Status ◽  
International Conventions

The practice of international merchant shipping and the practice of international trade in goods are interrelated at different levels - from historical to the level of a separate treaty. Here, contracts for the purchase and sale of goods, transportation, insurance, financing, transport and warehouse documents of title are intertwined and interact. The necessary degree of awareness in these issues is an indispensable condition for both successful business activity and for solving the problems of unification of maritime and commercial law. The process of the unification of law began primarily in the field of international transport law. Universal international legal unification of material norms of contracts of sale of goods was held in 1980 in the form of the Vienna Convention. The creation of the Brussels Convention and the Hamburg Rules was preceded by the study of the commercial and economic aspects of the bill of lading in the trade turnover. For example, in 53 paragraphs of the report of the UNCTAD secretariat on a bill of lading, the following issues were covered in various ways: 1) the inversion of a bill of lading; 2) the effectiveness of its role in the sale of goods - in terms of transfer of ownership or risk of damage, as well as in operations related to shipping conditions (for example, FOB, CIF); 3) the role of the bill of lading in the sale of documents; 4) the role of the bill of lading in bank letters of credit; 5) the effectiveness of the bill of lading as a receipt for the goods; 6) the status of a bill of lading as a contract of carriage; 7) the status of a bill of lading as a document of title. In 1996, UNCTAD discussed the proposal to include in its work program a review of existing practices and legislation in the field of international maritime transport of goods with a view to identifying areas that require uniform rules, and with a view to achieving greater harmonization of laws . The proposal was accompanied by information that in existing national laws and international conventions there are significant gaps regarding the functioning of bills of lading and sea waybills, the connection of these transport documents with the rights and obligations of the seller and buyer of goods, the legal status of entities providing financing to one of the parties to the contract of carriage Cargo. In some states there is a regulatory framework for these issues, but it is not uniform. And in many states there is no regulatory framework in this sphere at all. This circumstance is an obstacle to the free movement of goods and increases the value of transactions. The widespread use of electronic means of communication in the transport of goods further exacerbates the consequences of the fragmentation and non-unification of various laws and leads to the need to develop uniform provisions on specific issues related to the use of the applied technologies.

Remedies for Breach of Contract: The Future Development of Scots Law in its European and International Context

1997 ◽  
Vol 1 (2) ◽  
pp. 200-226 ◽  
Author(s):  
Hector L MacQueen
Keyword(s):  
Future Development ◽  
European Contract ◽  
Breach Of Contract ◽  
International Context ◽  
The United Kingdom ◽  
Current State ◽  
The Future ◽  
University Of Edinburgh ◽  
International Conventions ◽  
Law Commission

This paper,first presented on 21 October 1995 at ajoint seminar ofthe Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the future development of the law in this area, first by considering its history and current state in comparative terms and drawing the conclusion that it is characterised by a mixture of Civilian and Common Law elements; second, by comparing Scots law with the provisions on breach contained in recently published proposals for a harmonised law of contract (the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law prepared by the Lando Commission, and the draft “code”for the United Kingdom prepared on behalf of the English Law Commission by Harvey McGregor in the late 1960s) and in international conventions on the sale of goods. Although Scots law emerges reasonably wellfrom this exercise, there are a number of points to be taken on board in any future reform, as well as some insights into important underlying principles.

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