1.1 The Sea Carrier’s obligations under Rotterdam Rules Rotterdam Rules has been established to harmonize the law governing the international carriage of goods by sea in which a new uniform rules maybe adopted by the major shipping countries in order to replace the previous conventions, particularly in terms of the carrier’s obligation. Therefore, it adopts evolutionary concept rather than the revolutionary one to regulate such obligations in which the existing rules have been amended for example, from ‘tackle to tackle’ to ‘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 the carrier and the performing parties, and the carrier’s period of responsibility. In addition, it compares the carrier’s obligations under both conventions in relation to seaworthiness, care of cargo and the issuance of transport documents. Rotterdam …show more content…
However, such principle may create conflicts with respect the application of this convention and certain other international conventions for instance, (CMR)[footnoteRef:12],(CIM)[footnoteRef:13]and (CMNI)[footnoteRef:14]or with other national laws.[footnoteRef:15] [12: Convention on the Contract for the International Carriage of Goods by Road. ] [13: International Convention on the Carriage of Goods by Rail. ] [14: Contract for the Carriage of Goods By Inland Waterway.] [15: Sabena Hashmi, p
That said, we agree that the core of commercial transactions and the Uniform Commercial Code are fundamental bases for international commercial transactions. Over the years, all laws have influenced society to shape their format into better laws more applicable to the reality of each time. The same has happened with the UCC, to better serve the demands of today’s business commerce. The UCC serves today as such a complete version for business transactions that common law will only apply when the Code is not spoken. One example of this situation is that prior to the adoption of the UCC, sales contracts were governed by the common law of contracts.
On December 14, 2015, the city of Dutch Harbor was founded in Alaska by Adam Nguyen and Jackson shell. Dutch Harbor was built on a semi- flat land with a bay in the center of the city, Dutch Harbor city have two mountain on the West and one mountain on the east of the land. The climate in Dutch Harbor is usually cold and some of the time is warm.
To begin to appreciate some of the problems, the initial mandate of the waterway and how it has been traditionally facilitated must be examined. From the beginning, the basics of the system were clear...
With commercial dealings on the rise in Australia and globally, so too are the complications. If some sort of codification is not established and built from the principals that already exist, commercial opportunities could be in jeopardy due to the uncertainty and risk of not having a clear outline or set of laws to cover contracts generally.
Traversed by the rivers Rhine, Maas and Scheldt as they meander towards the North Sea, the Netherlands is a hub of transport and distribution: a natural gateway to Europe and centre for multinational enterprise. Its advantages include an advanced infrastructure both for transport and telecommunications. Many Asian and North American imports to Europe are transhipped at Rotterdam or Amsterdam, the country’s two transport centres.
From 1609 to 1713, the Dutch Republic was going through “The Golden Age.” It was a time of economic wealth, and a higher standard of life compared to most European countries. However, the Netherlands had the highest cost of living out of all European countries. It was the period in which mercantilism expanded, and domination of trading power was necessity. England, France, and Portugal were also expanding their boundaries of trade, which will begin a long fight for mastery at sea. The Dutch was the trading capital of the world at this time; in which is represented in this quote,” Although the Dutch tenaciously resisted the new competition, the long distance trading system of Europe was transformed from one largely conducted through the Netherlands, with the Dutch as universal buyer-seller and shipper, to one of multiple routes and fierce competitiveness.”(Encyclopedia Britannica, Vol. 24, pg. 890). The Netherlands operated in 7 provinces, known as the United Provinces, and the Dutch society was mainly consisted of bourgeoisie, sailors, and merchants. Because of the major trade industry in Holland, and that agricultural was secondary to the trading industry, the Dutch people were taxed extremely high for goods. However, a wave of culture flowed through Dutch Society, influenced by the economic profit that the Dutch gained from trade.
The Lex mercatoria was an international law of commerce governing the trades and disputes based on the customs and practices of merchants. By the nineteen century, the law of merchant was fully incorporated in the Common law, but the development of commercial law led to a conflicting mass of case law . Following the commercial community recommendations, European countries started to rationalized the commercial law by building codes . English law didn’t follow this path, but instead adopted a series of Act of Parliament focusing on specific area, such as Bills of Exchange Act 1882 and the Sale of Good Act 1893 . Finally, the rise of the consumerism forced the Parliament to recognize the separateness of certain commercial transaction and to adopted an interventionist approach that aimed to create a body of laws protecting consumers, such as the Unfair Contract Terms ACT 1977 and Consumer Protection Act 1987
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.
One of the controversial issues in the law of contract formation has always been the issue of distance contracts. Matters regarding to the types of rules that should be used to govern this type of contracts have always been a topic of debate. One of these rules includes the age old Postal acceptance rule also known as the “postal rule” or the “Mailbox rule”. This paper seeks to examine the justification of the postal acceptance rule and its place in the modern world with the emergence of electronic means of communication
More than forty thousand merchant ships, and countless number of smaller coastal craft, ply world oceans which comprise nearly seventy percent of the earth’s surface. Each year approximately ten million containers of cargo, containing raw materials to finished goods are transported by seas. The ships are owned by different states, private companies or individuals and manned by mixture of seafarers from different countries, mixed together from various nationalities. These ships are perhaps the most autonomous entities on earth as rule of law allows frequent change of their allegiance or identity by choosing a flag to suit their requirement.
Legal: International express services can be delayed by government policies and restrictions that can include anticompetitive practices of government-owned or authorized monopolies, licensing requirements, customs procedures, restrictions on access to aviation markets, restrictions on access to ground transportation systems, and restrictions on foreign investment.
Currently, International system is focusing on issues related with maritime security. Maritime security coxncern with threats that prevail in the maritime domain (Klein 2011; Kraska and Pedrozo 2013; Roach 2004; Vrey 2010, 2013). These threats include interstate-dispute, terrorism, piracy, drugs trafficking, people and illicit foods, arms proliferation, illegal fishing, environmental crimes, as well as accidents and disaster which happen in maritime domain. Thus, generally, maritime security can be defined as the absence of those threats. Meanwhile, there is an argument that inter-states dispute should be categorized as national security instead of maritime security. Thus, there is another definition of maritime security which define maritime security as good or stable order at sea (Till 2004; Vrey 2010; Kraska and Pedrozo 2013: 1). The definition of maritime security from one to another is different as the scope of maritime security is broad and each actor has different point of view on the issue. There is no universal legal definition about maritime security. The United Nation itself only
International trading has had its delays and road blocks, which has created a number of problems for countries around the world. Countries, fighting with one another to get the better deal, create tariffs and taxes to maximize their profit. This fighting leads to bad relationships with competing countries, and the little producing countries get the short end of this stick. Regulations and organizations have been established to help everyone get the best deal, such as the World Trade Organization (WTO), but not everyone wants help, especially from an organization that seems to help only the big countries and those they want to trade with. This paper will be discussing international trading with emphasis on national sovereignty, the World Trade Organization, and how the WTO impacts trading countries.
"1- The name of the insured, or of some person who effects the insurance on his
1 Compare and contrast the powers of coastal states in internal waters, the territorial sea and the contiguous zone. Internal Waters are assimilated into the territory of the state. A coastal state may exercise jurisdiction over foreign ships within its internal waters to enforce its laws, although the judicial authorities of the flag state may also act where crimes have occurred on board the ship. There exists therefore a concurrent jurisdiction.[1] A merchant vessel in a foreign port or in foreign internal waters is automatically subject to local jurisdiction unless the matter was concerning general conduct of the crew where it did not threaten peace and security it would be left, through courtesy to the flag state.