Introduction
There can be no gainsaying as to the fact that the current global economy, or any economy for that matter, is stringently dependent on the facilitation of proper and reliable transpiration of goods, services and people (The United Nations Economic Commission for Latin America and the Caribbean, 2010). As the ECLAC (2010) continues to state, proper facilitation of the transportation of both cargo and people within or to and from a particular territory reduces costs in terms of logistics, while increasing the competiveness and productivity of the global economy. Of importance to note is the fact that the movement of cargo both nationally and internationally is influenced or impacted by both external and internal factors which encompass monetary, physical, or legal flows. The interest of this paper is, so to speak, mainly directed towards the analysis of the legal provisions or factors that come into play with regard to the carriage of goods across international waterways. As such, the purpose of this paper is to present an analytical review of the advantages and disadvantages of the United Nations Conventions on Contracts for the International Carriage of Goods Wholly or Partly by Sea, also known as the Rotterdam Rules. The paper will also present specific recommendations to the Minster for Transport of Angola on whether or not Angola should become a party to this new convention and regime that governs the carriage of good by sea.
Overview of the Existing National Shipping Regime in Angola
Angola’s maritime industry is presently governed by both the Hamburg and The Hague-Visby Rules of 1978 and 1968 respectively. According to African Marketing (2014), the current maritime regulations in Angola depicting the import or ...
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The United Nations Economic Commission for Latin America and the Caribbean. (2010). Transport Facilitation from the Perspective of the Rotterdam Rules. ECLAC. Accessed on 19th July, 2014 from http://www.cepal.org/transporte/noticias/bolfall/7/42007/FAL-283-WEB-ENG.pdf
The CMI International Working Group. (2009). Questions and Answers on the Rotterdam Rules. Rotterdam Rules. Accessed on 19th July, 2014 from http://www.rotterdamrules.com/sites/default/files/pdf/Questions%20and%20Answers%20on%20the%20Rotterdam%20Rules.pdf
UniGroup Relocation. (2010). International Shipment & Custom Regulations for Angola. UniGroup Relocation. Accessed on 19th July, 2014 from http://www.unigrouprelocation.com/PDFStorage/UGWW/customs_restrictions_Angola.pdf
Under the UN 1982 treaty, a state’s territorial sea extends twelve nautical miles from the national coastline (Slomanson 305). Within this area, Ecuador exercises its sovereignty over these waters as if it were a landmass (Slomanson 305). All aspects of the sea are under its control, including the seabed and airspace. Furthermore, Ecuador is allowed to impose laws that regulate the territory and consume resources that lie inside this defined area. Within this territorial sea, Ecuador “must exercise its sovereign power in this adjacent strip of water” (Slomanson 305). Additionally, Ecuador is expected to chart this water and to provide warning of navigational hazards (Slomanson 305). However, Ecuador did not act upon this and was “lax in enforcing it”. In 1951, the International Court of Justice issued this statement in response to a ruling:
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