Review article
The scope of coverage under the Rotterdam Rules - Unimodal and multimodal aspects
Vesna Skorupan Wolff
; Jadranski zavod HAZU, Zagreb
Abstract
This paper considers the application of provisions of the United Nations Convention on
Contracts for the International Carriage of Goods Wholly or Partly by Sea (the Rotterdam Rules).
The scope of coverage issues go to the heart of the new Convention. This article highlights
the major topics relating to the scope of coverage. All aspects of this key issue are examined
here: the general scope of application; criteria that must be satisfied for the Convention to
be applied; types of transactions that the Convention might govern; application to certain
parties. Some of these questions have been particularly controversial. Moreover, this paper
addresses the circumstances under which the Rotterdam Rules give way to other conventions.
The author discusses issues that may arise from the fact that the Convention will cover both
the inward and the outward carriage. It further considers specific exclusions from the Convention.
Differences between the Rotterdam Rules and the international legislation in force
are pointed out.
One of the most significant changes introduced by the Rotterdam Rules to the existing law
is the expansion of its scope of coverage to include the door-to-door transport. The Convention
covers both the inbound and the outbound international shipments to or from a Contracting
State. The Convention applies to contracts in both the liner and the non-liner trades, but not
to charterparties and other contracts for the use of a ship or of any space thereon. Volume
contract, to which the Convention applies, may provide for greater or lesser obligations and
liabilities than those imposed by the Rotterdam Rules.
Keywords
Rotterdam Rules; scope of coverage; carriage of goods; multimodal transport
Hrčak ID:
116701
URI
Publication date:
10.12.2013.
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