The Carrier's Liability for Deck Cargo: A Comparative Study by Lina Wiedenbach
By Lina Wiedenbach
This e-book offers with the carrier’s legal responsibility for deck shipment within the Nordic nations and England as country events of the Hague-Visby ideas. The comparative approach serves to demonstrate broadly differing equipment of facing, first, the exclusion of sure deck shipment from the scope of the Hague-Visby principles and, moment, the place no longer excluded, the foundations failure to incorporate a unique deck shipment legal responsibility regime. numerous ideas just like the English or Nordic process, or a mix of the 2, have additionally been followed in quite a few different jurisdictions. bearing in mind the big amounts of shipment which are carried on deck this day, the topic is extra topical than ever.
The complexity of the matter stems from the way the deck has, through the years, progressively develop into a standard position to stow shipment. whilst the Hague principles have been brought in 1924, deck stowage was once an absolute exception as a result of the nice dangers concerned. As such, the subject needs to first be checked out within the context of the transport realities within which the Hague principles have been drafted after which by way of today’s delivery realities. The comparative research major as much as the author’s conclusions and common feedback for destiny laws comprises elements, the 1st facing the occasions within which the provider is allowed to stow shipment on deck, and the second one with the carrier’s legal responsibility for deck shipment the place he has stowed shipment on deck with, or because the case can be, with no such permission.
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Extra info for The Carrier's Liability for Deck Cargo: A Comparative Study on English and Nordic Law with General Remarks for Future Legislation
1. 60 UNCITRAL (1972), pp. 289–290. 61 The meaning of this phraseology and its effect shall be further developed in connection with the liability under the Rotterdam Rules below as the wording is presumed to have the same meaning as “exclusively the consequence of their carriage on deck” in Art. 3 of the Rotterdam Rules: Hodges and Glass (2010), pp. 259–260; UNCITRAL (2002), p. 26. 62 That is, unless the carrier has caused the damage through intent or recklessness and with the knowledge that such damage would probably result (Art.
80. 36 The carrier needs to have an initial right to stow the cargo on deck, since deck cargo as a rule is prohibited. The situations in which the carrier has such a right (read: is authorised) to stow cargo on deck are dealt with in Chap. 5. 37 Falkanger et al. (2011), p. 300. 35 20 3 Treaty Law The exclusion of deck cargo in Art. I(c) has to be seen against the shipping realities existing at the beginning of the twentieth century, before the age of containerisation, in a time when vessels and not least their deck area were highly exposed to the elements.
They extend the liability period to comprise also the terminal periods (Art. g. also when the port of discharge is located in a member state (Art. 2). Unlike the Hague Rules regime, the Hamburg Rules encompass also living animals and deck cargo (Art. 5) and in doing so provide special liability regimes for these (Art. 5 and Art. 9). 21 Baughen (2012), p. 137. 22 See Sect. 2 below. 23 Treitel et al. (2011), p. 774; Baughen (2012), p. 137. 24 Sturley (2009), p. 24. 25 Baughen (2012), pp. 137–138; Sturley (2009), p.