Izvorni znanstveni članak
Have there been any changes to the basis of responsibility of carriers in the international conventions on the carriage of goods by sea?
Ivo Grabovac
Sažetak
From the first international convention on the equalization of certain rules on cargo vessels (Hague Rules) in 1924, to the Protocol on changes to the Hague Rules (Visby Rules) in 1968, and the United Nations Convention on the Carriage of Goods by Sea ( Hamburg Rules) in 1978, to the latest UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea ( Rotterdam Rules) in 2009, the basis for the responsibility of carriers of goods by sea has not changed (like the situation with air carriage or the carriage of passengers by sea). Consistently, the blame is based on responsibility. This is based on the principle of the presumed (putative guilt). This principle was created out of the concept of «due diligence». Or, it was expressed in the very text of the convention which regulated such responsibility. In two conventions- the Hague and Rotterdam Rules application of the institution of «emergencies, danger» (except for perils) the carrier could be responsible also on the basis of proved guilt which for him was a more favorable solution. In the case of damage by fi re, under the Hamburg Rules the carrier was also responsible on the basis of proven guilt which under the Rotterdam Rules was created by the application of the institution of «exceptional cases». Responsibility on the basis of guilt is protected although there was an attempt (convention) to increase sea carrier responsibility in the carriage of goods as is the case in land and air carriage where the responsibility is causal or objective. The author believes that due to the established economic balance of subjects which in modern conditions particpate in the work of the carriage of goods by sea, there is really no need to change the traditional principle of carrier responsibility.
Ključne riječi
carriage of goods by sea; conventions; basis for carrier responsibility; presumed guilt; proven guilt
Hrčak ID:
66384
URI
Datum izdavanja:
5.4.2011.
Posjeta: 2.234 *