Original scientific paper
The international carriage of goods by sea : The problem of unification
Ivo Grabovac
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Dragan Bolanča
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Abstract
With regard to the parallel of the International Convention for the Unification of Certain Rules of Law relating to the Bills of Lading, 1924 (Hague Rules), the Protocol to amend the Convention, 1968 (Visby Rules) (together Hague-Visby Rules), the Protocol for the Hague-Visby Rules, 1979, and especially the UN Convention on the Carriege of Goods by Sea, 1978 (Hamburg Rules), and owing to the fact that the states differ in their approach to all these rules, the international system of carriage of goods by sea is actually divided into eight legal areas. In practice, this situation produces legal disagreements and uncertainty about the application.
In order to remedy the lack of legal uniformity in the international carriage of goods by sea, the authors propose the Hamburg Rules as de lege ferenda to be starting point for the new solutions of a reformed convention together with the acceptance of some traditional principles from the Hague-Visby Rules (eg. ''error in navigation'', ''excepted perils''). Indeed, there are many equal or similar solutions in both conventions.
Keywords
Hague Rules; Hague-Visby Rules; Hamburg Rules; unification; carriage of goods by sea
Hrčak ID:
202739
URI
Publication date:
20.12.1995.
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