Izvorni znanstveni članak
Carrier's obligations - new provisions proposed by the draft instrument on transport law
Vesna Skorupan
orcid.org/0000-0002-1591-7247
; Jadranski zavod HAZU, Zagreb, Hrvatska
Sažetak
This paper presents and analyses new provisions proposed by the CMI / UNCITRAL Draft Instrument on Transport Law in respect of the carrier's obligations. A comparison is made between formulations contained in the Hamburg and the Hague Rules. Two main obligations of the carrier - his duty to care for the cargo, and his obligations with respect to the ship - are analyzed in detail. Among other things, the author pays special attention to proposals concerning the introduction of the carrier's obligation of ''due diligence'' for the whole period of his responsibility. The mentioned changes have been considered as a support to the requirements set out by the International Safety Management Code in respect of the safety and maintenance of the ship during her operation. Different comments are analyzed. The paper deals with other important questions considering the obligations of the carrier such as delivery to the consignee and exceptions to duties of care. These provisions show important changes in relation to actual conventions.
The most significant news is the introduction of the provision of the ''right of control'', which has not been dealt with in maritime conventions so far. In this paper the author gives the definition of the concept of the ''right of control'', explains who the ''controlling party'' is, analyses his obligations as well as the transfer of rights
and obligations. Finally she explains the obligation of the carrier to follow the instructions of the controlling party.
The Draft Instrument on Transport Law has introduced many contemporary solutions, but it intends to make compromise between traditional and modern imperatives imposed by pollution preservation, international standards for the safe management and operation of ships and electronic communication. In spite of its goal to provide an adequate regulation of carrier's obligations the Convention has not achieved optimal results. Nevertheless, it included a considerable number of modern tendencies, which are critically evaluated in the paper.
Ključne riječi
Draft Instrument on Transport Law; carriage of goods by sea; carrier's obligations; duties of care for the cargo; seaworthiness; exceptions to duties of care; right of control; controlling party; transfer of rights and obligations; delivery to the consignee
Hrčak ID:
41972
URI
Datum izdavanja:
12.8.2004.
Posjeta: 1.650 *