Izvorni znanstveni članak
The Rotterdam Rules - A new attempt for the international legal codification of the liability for the carriage of goods by sea and other modes of transport connected therewith
Borislav Ivošević
Sažetak
In this article the author reviews the solutions of the UN Convention on Contracts for
the International Carriage of Goods Wholly or Partly by Sea, adopted on December 11, 2008
and open for signature in Rotterdam on September 23, 2009, known as the Rotterdam Rules.
Following the introductory analysis of the position of the law prior to the adoption of the
new Convention, the author ascertains that in the matter of the international regulations of
sea carriage, subsequent to the Hague, Hague/Visby and Hamburg regimes, which regulated
the questions of the carrier’s liability for the goods received for carriage, the new Convention
regulates for the first time the contract for sea carriage wholly, including additional regulation
regarding the parts of the voyage preceding or following sea carriage. The author reviews
the content of the Rotterdam Rules on the whole. In this context, special attention is given
to numerous new legal subjects, legal institutions, documents, and solutions supported by
the Convention, always having in mind that the presentation should be duly supported and
criticaly perceived in the light of the present position of the legal theory, business practice and
existing court decisions.
In the conclusion of this article, the author presents and confronts opposite opinions stated
in the literature; takes his own position towards such opinions and the solutions contained
in the Convention; and considers possible solutions for passing an acceptable and rational
liability regime for the goods received for carriage at the international level in future.
Ključne riječi
contract for carriage of goods wholly or partly by sea; obligations and liabilities of the carrier; obligations and liabilities of the shipper; transport document and electronic transport record; performing party and maritime party; rights of controlling party; volume contract
Hrčak ID:
116703
URI
Datum izdavanja:
10.12.2013.
Posjeta: 2.572 *