This is a broad-based commentary on The UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, written for lawyers, judges, policy-makers, and academics, which places the convention in its historical and commercial context.
New to this edition:- Covers developments since 2010, such as the 2013 amendments adopted by the UN
- Explains how the Rules apply in a business environment with greater emphasis on e-commerce and blockchain
- Includes an increased number of illustrations explaining how the provisions will work in practice
Features:- Explains the Rules in consolidation and replacement of their predecessors, covering prior regimes such as the Hague Rules, the Visby Amendments and the Hamburg Rules
- Explains multimodal aspects of carriage by sea or otherwise, including those safeguards in place to prevent conflicts of conventions
- Outlines the Limited Network principle in practice and in action
- Explains the carrier’s liability and obligations, including liability for loss or damage under article 17 and delay under article 21, and the concepts of notice and damages calculation that operate under the convention
- Explains the corresponding obligations on the part of the shipper, including liability for loss or damage, the obligation to provide necessary information and the provisions covering dangerous goods
- Fully details the necessary travel documents in play under the convention and the practices which must be adhered to regarding contracting, and analyses the rules concerning delivery under articles 6 and 47
- Details the rights of controlling parties and of third parties regarding the carriage of goods
- Explains the time limitation constraints which govern the bringing of suits, as well as the jurisdictional considerations (‘Claimant’s choice among reasonable forums’ rule) and arbitration options available to parties to disputes
- Covers the validity of contractual terms under the new regime as compared to the old, as regards the obligations and liabilities of the carrier and shipper
- Also covers the special rules in operation concerning the transport of live animals and extraordinary commercial shipments
- Analyses those matters not governed by the convention, and outlines the subsequent steps to be taken regarding signature, ratification, acceptance, approval, accession, entry into force and the discarding of the previously operative rules
- Includes the Rotterdam Rules as an appendix
- Authored by three of the architects of the Rules themselves