The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea : An Appraisal of the 'Rotterdam Rules'

The international carriage of goods by sea has been regulated by international conventions. These include the “International Convention for the Unification of Certain Rules of Law relating to Bills of Lading” (“Hague Rules”); the “Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading” (“Visby Rules”); and the “UN Convention on the Carriage of Goods by Sea." They were adopted in 1924, 1968 and 1978 respectively and the transport industry's commercial needs have since substantially changed. Furthermore the advent of subsequent regimes has resulted in the uniformity in the carriage of goods by sea once provided by the Hague Rules being lost. In order to update and modernize existing regimes the “UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea” (“Rotterdam Rules”) was adopted on December 11, 2008 by the UN General Assembly and opened for signature on September 23, 2009. Since then drafters of the Rotterdam Rules, academics and practitioners have been publicizing, discussing, and evaluating the Rules. This book is an effort to further explore those same goals. The History Of The Rotterdam Rules / Francesco Berlingieri -- General Principles Of Transport Law And The Rotterdam Rules / Michael F. Sturley -- The Scope Of Application Of The Rotterdam Rules And Freedom Of Contract / Samim Unan -- Extended Scope Of The Rotterdam Rules : Maritime Plus And Conflict Of The Extension With The Extensions Of Other Transport Law Conventions / Meltem Deniz Guner-ozbek -- Obligations And Liabilities Of The Carrier / M. Fehmi Ulgener -- Construction Problems In The Rotterdam Rules Regarding The Identity Of The Carrier / Kerim Atamer And Cuneyt Suzel -- Compensation For Damage / Anders Møllmann -- Obligations And Liabilities Of The Shipper / Tomotaka Fujita -- Transport Documents In The Light Of The Rotterdam Rules / Hakan Karan -- Rights Of The Controlling Party / Gertjan Van Der Ziel -- Jurisdiction And Arbitration Under The Rotterdam Rules / Zeynep Derya Tarman. Meltem Deniz Güner-Özbek, Editor. Papers Presented At A Conference Held May 6-7, 2010 At Koç University Law School, Istanbul, Turkey. Koç University Law School, Dr. Nüsret - Semahat Arsel, International Business Law Implementation And Research Center. Includes Bibliographical References. Front Matter....Pages i-x The History of the Rotterdam Rules....Pages 1-61 General Principles of Transport Law and the Rotterdam Rules....Pages 63-86 The Scope of Application of the Rotterdam Rules and Freedom of Contract....Pages 87-106 Extended Scope of the Rotterdam Rules: Maritime Plus and Conflict of the Extension with the Extensions of Other Transport Law Conventions....Pages 107-138 Obligations and Liabilities of the Carrier....Pages 139-153 Construction Problems in the Rotterdam Rules Regarding the Identity of the Carrier....Pages 155-199 Compensation for Damage....Pages 201-209 Obligations and Liabilities of the Shipper....Pages 211-228 Transport Documents in the Light of the Rotterdam Rules....Pages 229-248 Rights of the Controlling Party....Pages 249-263 Jurisdiction and Arbitration Under the Rotterdam Rules....Pages 265-289