By Lina Wiedenbach
This ebook offers with the carrier’s legal responsibility for deck shipment within the Nordic international locations and England as nation events of the Hague-Visby principles. The comparative process serves to demonstrate extensively differing equipment of facing, first, the exclusion of yes deck shipment from the scope of the Hague-Visby principles and, moment, the place now not excluded, the foundations failure to incorporate a different deck shipment legal responsibility regime. numerous recommendations just like the English or Nordic process, or a mixture of the 2, have additionally been followed in loads of different jurisdictions. considering the big amounts of shipment which are carried on deck at the present time, the topic is extra topical than ever.
The complexity of the matter stems from the way the deck has, through the years, progressively develop into a typical position to stow shipment. while the Hague ideas have been brought in 1924, deck stowage was once an absolute exception as a result nice dangers concerned. As such, the subject needs to first be checked out within the context of the delivery realities during which the Hague principles have been drafted after which when it comes to today’s transport realities. The comparative research prime as much as the author’s conclusions and normal feedback for destiny laws contains components, the 1st facing the events during which the provider is allowed to stow shipment on deck, and the second one with the carrier’s legal responsibility for deck shipment the place he has stowed shipment on deck with, or because the case can be, with no such permission.
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Extra resources for The Carrier's Liability for Deck Cargo: A Comparative Study on English and Nordic Law with General Remarks for Future Legislation
Indeed, Art. 65 Nor do was dismissed by the Chairman as a matter for the drafting committee and held to be a matter of drafting nature (presumably as opposed to one of a substantive legal nature): UNCITRAL (1978), pp. 89 and 260–262. 58 UNCTAD (1991), p. 119. 59 This means among other things that the carrier will not be liable for damages originating out of the special risks involved in deck carriage, which are defined by the absence of culpa – see Sect. 1. 60 UNCITRAL (1972), pp. 289–290. 61 The meaning of this phraseology and its effect shall be further developed in connection with the liability under the Rotterdam Rules below as the wording is presumed to have the same meaning as “exclusively the consequence of their carriage on deck” in Art.
33; Berlingieri (2010), p. 539. 32 Some countries, such as Australia, have enacted the Rules into national legislation without ratifying the actual Convention: Sturley (2009), p. 9. The US it should be emphasised, adhere to the 1924 Hague Rules in their unamended form. g. the conflicting Nordic and English interpretations of Art. 5 of the Hague-Visby Rules, summarised in Sect. 2 of this study. 2 Deck Cargo Under the Conventions The view that the deck is an improper place of stowage, being prima facie evidence of the carrier’s negligence, originates in how deck stowage used to expose the goods to unacceptable risks.
In: Sturley MF (ed) The legislative history of the carriage of goods by sea act and the Travaux Pre´paratoires of the Hague Rules: essential sources. B. Rothman, Littleton, CO, pp 87–333 Diamond A (2009) The Rotterdam Rules. LMCLQ, 445–536 87 Tetley (2008), p. 171. Sinclair (1984), p. 142. It should be noticed also that ICJ has used has used the travaux pre´paratoires to confirm the interpretation of the terms also where Art. 31 did not produce an ambiguous result: Territorial Dispute (Libyan Arab Jamahiriya/Chad) ICJ Reports 1994 6 (ICJ, 03 February 1994), para 55.