Original scientific paper
Draft Convention on Carriage of Goods (Wholly or Partly) (by Sea)
Vesna Skorupan
Abstract
The most important provisions of the Draft Convention on Carriage of Goods (Wholly or Partly) (by Sea) and their comparison with the solutions of the current conventions which regulate carriage of goods by sea are analyzed. Different points of view and opposing arguments emphasized during the creation of this most recent unification instrument are pointed out.
Provisions in the field of application, the carrier’s liability, and particular exoneration reasons are examined in detail. The object of the examination are also recent solutions in respect of defining and prescribing the liability of the performing party and the controlling party as persons who are directly involved in carriage business. Other important innovations are pointed out, which are legal regulation of transport documents and electronic records, electronic communication and the right of control. The article also deals with the limitation of liability and the loss of the right to limitation, as well as cogency of provisions on limitation as important issues which affect the regime of the carrier’s liability. The multimodal problem of the field of application is also analyzed, as well as the relation of this instrument towards other conventions which regulate carriage of goods.
The Draft Convention attempts to regulate in a comprehensive and contemporary manner the question of liability for damage from the contract of carriage of goods by sea. Its codification rules are contemporary and compromising. Numerous provisions from the existing international conventions which regulate carriage of goods by sea are adopted in order to retain case law which is established and acceptable to the parties. New institutes are introduced and the existing rules changed in order to satisfy contemporary conditions of maritime activities. Advantages which are expected to be achieved by this new instrument are presented, but the solutions which could present obstacles in its entry into force and incorporation into the regulation of carriage of goods by sea on the international level are also presented.
Keywords
carriage of goods; carriage by sea; multimodal carriage; carrier’s liability; Draft Convention on Carriage of Goods (Wholly or Partly) (by Sea)
Hrčak ID:
9786
URI
Publication date:
15.2.2007.
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