Shipping and Carriage of Goods by Sea Law

This article discusses the International Maritime Organization's (IMO) theme for 2013, namely, “Sustainable Development: IMO’s Contribution beyond Rio+20.” The theme will serve for the World Maritime Day, coinciding on 26 September 2013. The article highlights some of IMO's more salient achievements in its 55 years of existence in the quest for sustainability. Challenges and limitations in IMO's governance paradigms are also emphasised, pointing to measured expectations.

This is an earlier and substantially lengthier version of the European Commission’s Green Paper on Ports and Maritime Infrastructure, which I had prepared as a member of Commissioner Neil Kinnock’s wise men group.

The Green Paper has often been described as the most influential port policy document ever produced by the EC. The current version does not in any way commit the European Commission and interested readers are advised to refer to the final version of the Green Paper as published by the EC.

The present work requires careful and persistent reading so that the reader bypasses the necessary bureaucratic 'superficiality' and identifies my core arguments which, I am happy to say, have not changed to the slightest in the 15 years since its publication. Many of these arguments had been described as ‘politically dangerous’ and, consequently, did not find their way into the Green Paper. I quote one of them in p.7 (emphasis added):

…The Commission’s White Paper on the future development of the common transport policy  laid down a new vision for transport policy, following the principle of sustainable mobility; i.e. a strategy that acknowledges the need for a more balanced transport system that would fulfil its economic and social role while, at the same time, containing its effects on the environment. The overall objective of such an approach, as clearly described by the European Parliament , is to …promote sustainable, efficient transport systems which meet the economic, social, environmental and safety needs of European citizens; help reduce regional disparities; and enable European business to compete effectively in world markets… Again, the ‘challenge’ is apparent: a more balanced  pan-European transport system with the above objectives is in stark contrast with hub-porting; concentration of traffic to selected ports; longer distances; and consequent transport externalities. It is thus increasingly felt that the European Commission needs to depart from its all-pleasing ‘statements’ and make hard-nosed decisions in order to effectuate its cohesion and regional development objectives which are the overarching ones…(unquote).

A closing note of caution on my use of the word 'superficiality': With remarkable consistency, European institutions involved in the maritime sector have been focusing all along on issues such as safety and environmental protection; issues which, among others, have allowed the proliferation of various monopolies in the port sector. I believe this has not happened accidentally. I believe instead that the focus on the ‘secondary’ has obscured and diverted attention from the ‘primary’, which comprises the ‘politically sensitive’ issues of port pricing; infrastructure financing; state aids; transparency of port accounts; and, finally, a European ‘port governance’ model.

Since its appearance in 2003, the what has come to be known as “The Erasmus Report” has been making headlines throughout the world. This, mainly due to its finding that “liner shipping conferences have a stabilizing effect on freight rates and are thus a low cost ‘necessary evil’ for trade promotion and for the survival from destructive competition of this most crucial of industries”.

Unfortunately, this result was not to the liking of DG COMP who, as it became clear, had already made its decision to do away with conferences, expecting the Erasmus Report to just rubber stamp its decision. Ten years later (2012) the Report continues to prove how right it was. European shippers now vehemently complain about rate volatility and this is just music to my ears.

In het verslag over het wetsvoorstel tot invoering van het Belgisch Scheepvaart-wetboek in de Kamer uitgebracht, verklaarde mevrouw Daphné Dumery: "De bestaande wetgeving is niet meer van deze tijd en vooral de verzekeringswereld drong aan op modernisering". 1 Die verklaring verbaast, omdat de verzekeringswe-reld niet gekend werd in het voornemen tot herziening van het zeerecht en-zacht uitgedrukt-daar geen voorstander van was. 2 Het verzekeringswezen is nochtans een centrale speler in de scheepvaart en de havenbedrijvigheid. Daar verzekeraars de risicodragers van de betrokken sectoren zijn, zijn de schadegevallen in de regel vraagstukken die hen onderling aanbelan-gen. Wijzigingen van het zeerecht worden daarom best in het licht van de assuran-tie overwogen en bekeken. Het komt eropaan in het algemeen belang een billijk evenwicht tussen tegenovergestelde verzekerbare en (normaliter) ook verzekerde belangen te bewerkstelligen.  1. Maritieme handel en verzekeringen Alvorens het thema aan te snijden, is een korte schets van de assurantiemarkt nuttig. De zeeverzekering staat voor een relatief kleine en hooggespecialiseerde niche in de assurantiesector. Met de tijd is die branche geëvolueerd omdat de gevaarobjecten en de risico's zowel in omvang als in complexiteit zijn toegeno-men. Containerschepen met een capaciteit van 23.000 TEU en een totale lading-waarde van ruim 1 miljard dollar aan boord illustreren de steeds toenemende 1 Verslag over het wetsvoorstel tot invoering van het Belgisch Scheepvaartwetboek, Parl.St. Kamer 2018-19, nr. 54-3536/004, 8. 2

The current article is practice-oriented and is intended for shipowners and sea carriers as well as for practitioners and students who wish to revise or expand their knowledge on this specific area of the carriage of goods by sea. The paper provides the reader with a thorough understanding of the main instrument regulating the carriage of dangerous cargo – the IMDG Code. Further, Section II of the paper addresses also the carriage of solid bulk cargo (the IMSBC Code) and the most frequent problems and hazards which are associated with the transportation of such cargo. In general, the paper analyses the process of carriage of hazardous cargo from the perspective of the carrier, and, thus, it may be used as a guide to the carriage of dangerous goods.

My dissertation, entitled "The P&I Letters of Undertaking as a modern form of security for the release of arrested ships" touched on a number of areas of the law and was a comparative examination and analysis of the civil procedures pertaining to the interim measure of ship arrest in common law and civil law countries, namely England, Hong Kong, China, Singapore, South Africa, New Zealand and the USA. The dissertation examined the legal extent of bank guarantees and the mechanism of judicial guarantees in many jurisdictions and researched the business and financial implications of ship arrest in terms of money, time and satisfaction for both shipowners and claimants. The topic was particularly interesting and challenging as there is no single universal approach and the bibliography is limited. I was therefore able to adopt an original line of argument on the basis of all the available sources and suggest amendments in the standard maritime contracts in order to promote the use and acceptance of P&I LOU.

Jasa keagenan kapal laut ptsbn (ship agent Indonesia) WA: +62 813-8333-2284 memberikan pelayanan yang profesional kepada seluruh calon atau pengguna jasa keagenan kapal laut baik lokal maupun keagenan kapal asing untuk jenis kapal pengangkut kontainer maupun kapal kargo di Jakarta dan Surabaya. Sebelum masuk pada bagian penawaran jasa keagenan kapal laut ptsbn ada baiknya sedikit kami jelaskan untuk yang belum mengetahui apa itu jasa keagenan kapal ?. Agen pelayaran adalah sebuah perusahaan yang bergerak dalam bidang kegiatan dalam aktifitas kapal laut atau juga merupakan perusahaan bidang jasa perkapalan. Pada prinsipnya jasa keagenan kapal bekerja bila suatu kapal berlabuh di pelabuhan maka dapat dipastikan kapal akan membutuhkan pelayanan. Kapal asing maupun lokal pastinya akan memiliki keperluan yang semuanya harus dipenuhi untuk melanjutkan lagi rute pelayaran kemudian. Untuk dapat melayani berbagai macam keperluan dari perusahaan kapal yang berlabuh tersebut, perusahaan pelayaran akan menunjuk keagenan kapal yang bisa saja sebagai general agent, sub

The commented Judgment raises the problem of the liability of the freight forwarder for damages to the goods caused by its inaccurate stowage into containers and which are manifested at the end of the maritime phase of a “door to door” carriage. We analyse the legal regime of the operation of consolidating containerized cargo, the passive legitimization of the freight forwarder and the law applicable to the multimodal transport contract.

This essay is intended to provide a comprehensive overview of the key functions of the Bill of Lading with reference to its role as a contract for the carriage of goods in international trade and transport by sea, through case law, while explaining how it differentiates from other documents, such as waybills and ship’s delivery orders.

During the transportation of goods by sea, every cargo must be accompanied by shipping documents that provide for its qualitative and quantitative evidence. Such records are the Bill of Lading, the Delivery Order and the Waybill. The depiction of these three types of records and their main functions is the purpose of this essay.
Nevertheless, due to its inclusive character, the Bill of Lading is the most important out of the three aforementioned documents. In the analysis to follow there will be an attempt to clarify the key functions of the Bill of Lading with reference to its role in international transport and trade by sea as also an effort to combine the case law with the specific Articles and Paragraphs of the Carriage of Goods by Sea Acts which are the main Conventions that determine the unique and certain Rules of the Bill of Lading as amended by the Protocol signed at Brussels on 23rd February 1968 and by the Protocol signed at Brussels on 21st December 1979 (Carriage of Goods by Sea Act 1971/92).
The Bill of Lading is crucial for both parties involved in a cargo carriage. The buyer who is the non-privy party of the carriage of goods by sea, needs a reassurance that his order will be delivered in apparent good order and condition. As for the shipper and the carrier, the privy parties of the carriage, the Bill of Lading is of vital importance for their economic and commercial activity, as without it they cannot act and have a profit (The Stettin 1889).

The maxim “Once on demurrage, Always on Demurrage” simply means that when the charterer uses the vessel outside of the agreed time/days specified in the charterparty, the charterer will be liable absolutely. The extra time will keep running because the breach is a continuing one until loading or discharge is complete. Hence, “once on demurrage always on demurrage”.

A discussion of remoteness in contract law in the context of the House of Lords decision in Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48.

I am grateful to the School of Law, Sociology and Politics at Sussex University for the granting of permission to publish this article.

For international trade to flourish there must be an involvement in transaction of goods by sea between a buyer in one country and seller in another. It is essential to know about the contract that governs the carriages of goods by sea, as international trade has been highly beneficial in regards to shipping industry. The carrier plays a significant role in this contract and it is necessary to understand its involvement in the contract in regards to his obligations and immunities. Also, this research shall study the present rules governing the carriages of goods by sea namely The Hague Rules, the Hague-Visby Rules, the Hamburg Rules, and the Rotterdam Rules. Comparing it to the obligation and immunity of the carrier under the Indian carriages of good by sea act. It shall also study about the liabilities imposed to the carrier in terms of limitations, exceptions duties, and burden of proof.

As India continues to adopt The Hague Rules, which has serious defects however, modifications have been made under the Indian carriages of goods by sea. This research shall correspondingly raise questions like; do the current laws in India provide sufficient provisions to protect the rights of the cargo owners? What differences does it have in its provisions that deal with the carrier and the customers’ rights? If the international conventions are ratified by India, is there any expected changes for the improvement of the rules that governs the carrier’s obligations and what practicable rules should be provided for India’s maritime law to reflect itself to the international standards. In addition, this study will compare the English law with respect to all the questions raised above, under the contract that governs the carrier’s liability under the carriers of goods by sea in order to overcome the shortcoming of its predecessor. Further, this paper will put forward some suggestions and recommendations as part of its conclusion.

The transport industry has drastically changed during the past Three decades, with the advent of containerization and the subsequent development of multimodal transport. These changes, moreover, have been matter of concern due to the complex issues arising out in the legal and insurance field. Thus, in the legal field attempts have been made to set up a uniform regime of liability applicable to the carrier, in order to avoid the fragmentation resulting from different regimes concerned with each mode of transport. Besides, in the insurance field insurers have been coping with what an author described as the "multimodal modle of conflicting laws and regulations", where the insurers try to cover the risks of doorto-door movements by a combination of transports.

Vessels and other shipping assets are volatile in pricing; while the value of most assets depreciates over their useful life, the value (and price) of shipping of assets can improve over time, depending primarily on freight rates and the overall state of the market. Vessels can be valued based on the market comparable approach ('last done'), income approach and replacement cost methodology. There also have been 'variations on theme'. Basil Karatzas of Karatzas Marine Advisors outlines vessel valuation methodology in classic article in the Tanker Operator.

This article intends primarily to demonstrate that the inadequate understanding of shipping containers is at the root of all the other issues in international transport law. As evidence of the impact of this lack of understanding, this article discusses the inadequacies of the existing international and national rules as applied to containers in terms of the carrier's `period of responsibility' and`supply of containers', and shows, adopting a comparative law approach between American, Australian, English and French jurisdictions, that these inadequacies have not been compensated for by the courts. This has led to a confusing legal situation, and it is unlikely that the project undertaken by the Comite¨Maritime International (CMI) to prepare a new international transport convention will clarify the situation.

Now in its eighth edition, this classic text is a first point of reference for anyone looking to obtain an understanding of chartering and shipbroking practice. It provides hands-on, commercially-focused explanations of chartering business and invaluable advice on how the shipping market operates across a broad range of topics. The authors also deal expertly with the legal, financial, operational and managerial aspects of chartering, offering numerous case studies which clearly link theory to practice.

This new edition has been fully revised and updated to reflect the current trends in chartering practice, legal developments and standard forms of charterparties. New to this edition:

- Enriched with practical examples covering crucial aspects of chartering and shipbroking business, such as voyage estimations, freight conversions and tanker calculations.
- New material on day-to-day laytime principles, including "Laytime Definitions for Charterparties 2013", associated commentary and relevant examples.
- Shipping Marketing as a modern tool of improving chartering and shipbroking business.
- Expanded coverage of the economic background of chartering, including markets, vessels, cargoes, trades and fixtures.
- Freight rates for all vessel types from 1980 to 2015.
- Updated review of well-known standard charterparty documents (including NYPE 2015), together with clauses and wordings commonly applying to various charter types.
- Analytical glossary containing typical terms and abbreviations used in chartering negotiations.

This book is an essential guide for practitioners in private practice and in-house for shipowners and cargo houses, as well as those studying shipbroking and chartering.

The carriage of goods by sea remains the foremost mode of transport used in the world today. This  research  will focus on the various regimes of carriage, especially on the Convention on Contracts for The International Carriage of Goods Wholly or Partly By Sea” 2008. (known as “ The Rotterdam Rules”)
            The Hague rules in 1924 became the first of its kind under this category , it was followed by the  Hague-Visby Rules in 1968 & the Hamburg Rules in 1978. The Rotterdam Rules in 2008 was the latest international convention in this regard, formally known as the “Convention on Contracts for The International Carriage of Goods Wholly or Partly By Sea”. It was  drafted by  the United Nations commission on international trade law better known as UNICITRAL with the motive  to overcome the various irregularities in the previous conventions & to cater a better environment in the transport of goods by sea, as to achieving legal uniformity & certainty in the field of marine carriage. The Rotterdam Rules was tabled to the General Assembly with 24 signatories, representing 25 percent of the world trade. However so far only 3 states  (Spain, Togo & Congo) have ratified this document. Twenty states must ratify it before it can come into effect replacing much of the Hague Rules, Hague-Visby Rules and Hamburg Rules.
Despite this, the rules have the backing of the World Shipping Council(which  represents 90 percent of world shipments) , which states it is a good reform in respect  of international cargo liability. An equal magnitude of opposition also exists especially from carriers, insurance companies & other maritime performing parties who claim it is largely catering the cargo interests & is in conflict with many other conventions.

A huge amount of factors can have an influence on an efficient chartering policy.
The division into the two main fields of time and voyage charterparties has an influence mainly on costs allocation between shipowners and charterers: under a voyage charter the shipowner is obliged to provide and pay for all the operating cost of the ship, whereas in a time charter the owner normally will pay for the crew and the cost to insure the ship and the charterer will pay for bunkers, port and stevedoring costs and all other usual expenses.
A shipowner is not just a subject who is trying to place his ships on the market. He is a fundamental ring of a long chain of interests and financial values, considering that the majority of goods bought and sold every day in the world are transported by sea.
He must therefore take into account a broader scenario, when considering which kind of strategy to adopt in the perspective of maximizing his profits.
Among many factors that have an influence on the profitability of a charter-party, the concept of time, broadly interpreted, is fundamental.
The possibility to earn rather than the eventuality of losing money or to pay damages to charterers, or to claim damages to the charterers because of delays are of course influenced by the “time-factor”.
Time therefore is an essential element to be considered when a shipowner is approaching the market. The aim of this work is to underline the importance of an efficient time management policy for a shipowner, trying at the same time to point out possible advises to find solutions to problems that tend to emerge in practice.

The principal objective of this dissertation is to provide a comprehensive and critical study of International Rules of law governing the carriage of goods by sea. More specifically to recognise the problems arising around the obligations and rights of the main two interested parties, the shipper and the carrier. These are the key objectives and the main dispute between the dominant maritime States around the world. The principles of the Law of the Sea as a whole where too broad and vague, and could not cover this specific area. That is why the United Nations through the last ninety (90) years created three (3) Conventions concerning the carriage of goods by sea. The first attempt was made in 1924 with The Hague Rules followed by additional Protocols in 1968 and 1979 (known as Hague/Visby Rules). The second Convention made in Hamburg 1978, as there was a need for a reform of the old Rules. This second attempt was not successful because of non-acceptance by the majority of the dominant maritime States. As a consequence, a hybrid application of different Rules from different Conventions and Protocols appeared as a phenomenon in many States. Problems identified through the years with trade between States which had adopted different rules. From port to port the Rules where different and that led to many disputes and delays which where detriment to the trade by the sea. United Nations identified this major problem and they proceeded to the creation on a new modern and more detailed Convention in 2008 known as Rotterdam Rules. Although Rotterdam Rules are not yet in force, was criticised a lot, and it seems that they will be the future of carriage of goods by sea. The international community lastly found the way to harmonize the trade by sea with a well-balanced and a fair Convention.

The main source of EU Law regarding law applicable to international carriage is Rome I Regulation of 17 June 2008, replacing the Convention on Law Applicable to Contractual Obligation of 19 June 1980/EEC. Article 5 of the EU Regulation introduces special (autonomous) conflict of law provisions for contracts of carriage and it does extend these  special provision also to the transport of persons. Special provisions of Article 5 of the Regulation distinguish between special rules for contracts for the carriage of goods (Article 5(1) of the Regulation) and for contracts for the carriage of persons (Article 5(2) of the Regulation). The Convention, as opposed to the Regulation, nevertheless contains one provision that has been quite important and this is the third sentence of Article 4(4) of the Convention. It is clear from the concept of the Regulation that the latter has chosen to use a relatively very wide foundation for the qualification of contact of carriage. Pursuant to Regulation if the country of the habitual residence of the carrier and the place of receipt (into the custody of the carrier) or the place of delivery or the habitual residence of the consignor is also situated in that country, then the law of the country of the habitual residence of the carrier shall be used (Article 5(1) sentence 1 of the Regulation). If the place of receipt or the place of delivery or the habitual residence of the consignor  are located in a country different from that of the habitual residence of the carrier, then the law of the country where the place of delivery as agreed by the parties is situated shall apply.

The SCOPIC clause (Special Compensation P&I Club Clause) provides an alternative remuneration to salvors, which is computed differently to the awards provided in Article 13 and Article 14 of the International Convention on Salvage (1989). In essence, SCOPIC provides agreed tariff rates under the form of a remuneration as an indemnity for the salvage services performed and the salvor’s investments in the operation. The award afforded by SCOPIC, although being a modification of the Article 14 Special Compensation, is based on different principles than those underlying the respective provision of the Convention. The major aim of the current paper is to give a comprehensive explanation of the clause and its features. It will also clarify the development and the operation of the SCOPIC clause and will underline the advantages which it provides to the area of marine salvage. To understand the essence of the SCOPIC clause, one has to be familiar also with the awards available under Articles 13 and 14, and, therefore, a comparison between the three will be made. Thus, it will be illustrated that, depending on the award chosen, there could be a different outcome for all the parties involved in the salvage operation.

This paper gives a brief idea about the coastal  and waterway transport contracts in India with more emphasis on the procedural aspect. Comparative study with USA and UK has been shown. India needs to adopt coastal transports as its much cheaper than the road and the air.

The Joint Cargo Committee has recently updated the Marine Cargo Insurance Clauses. This a spanish translation of the Institute's CL Clauses "A" (a. k. a. "all risks clauses")

The original Marine Insurance ICC (A) 2009 text was published in English by the International Underwriting Association of London. The IUA has no responsibility for the contents translation into Spanish.
El texto original de las Marine Insurance ICC (A) 2009 fue publicado en inglés por la Intemational
Underwritting Association. La IUA no es responsable del contenido de esta traducción al español.

The 2009 revision of the all-risks Marine Insurance ICC (A), by the International Uderwriters Association of London incorporates changes of varying degrees of importance. Formal amendments are designed to adapt these provisions to the international market. Whereas changes in the exclusions provisions incorporate scenarios that have not previously been addressed by the ICC or either open or narrow the scope of existing exclusions. Last but not least, the modification of the duration clauses is undoubtedly the most significant amendment that this new version of the ICC (A) includes.

Η σημασία της εμπορικής ναυτιλίας στην παγκόσμια και στην εθνική οικονομία είναι προφανής, ευαπόδεικτη και αναγνωρισμένη. Η αναπτυξή της σχετίζεται άρρηκτα με τη λειτουργία των λιμένων και με την άσκηση λιμενικής πολιτικής. Παραδείγματα της συσχέτισης της ανάπτυξης της εμπορικής ναυτιλίας και της λειτουργίας των λιμένων είναι η από τους μεταφορείς επιλογή λιμένων μεταφόρτωσης ή αποθήκευσης εμπορευματοκιβωτιών αναλόγως του χρόνου περαίωσης των σχετικών εργασιών, το εφαρμοζόμενο τιμολόγιο, η πιθανότητα επίδρασης τυχόν απεργιών των εργαζομένων στη λειτουργία του λιμένα, η κίνηση εισόδου και εξόδου από αυτόν, η εφαρμοζόμενη δικαιοδοσία σε περίπτωση διαφορών, οι εφαρμοζόμενοι κανόνες δικαίου, ο χρόνος επίλυσης των σχετικών διαφορών, κ.λπ.

The use of informatic and telematic applications in the field of transports has several advantages in terms of efficiency, cost reduction and security.
On the other hand, it shows risks of unauthorized access to computer systems.
Maritime and air carriage documents are excluded from the scope of the United Nations Convention on the Use of Electronic Communications in International Contracts (so called «eCommerce Convention») according to the express provision of its Article 2, para 2.
The advent of computerized systems is expected to have strong impact on structure of distance sales and documentary credit. Maritime trade experienced various models of electronic documentation, based on agreements among all parties involved in the carriage. Various
uniform law conventions allow for the issuance of electronic transport document, but they do not provide rules on their actual use. This also applies to recent Rotterdam Rules, which expressly provide for the issuance of negotiable electronic transport record and identify exclusive
control of the record as equivalent of possession. If a set of rules internationally accepted among all interested parties, including financial bodies, will not be developed, a new instrument ofuniform law on that specific topic may be appropriate.

L’impiego di applicazioni informatiche e telematiche nei trasporti ha vari vantaggi, in termini di efficienza, riduzione dei costi e sicurezza.
Tuttavia, essa presenta anche i rischi di accessi fraudolenti ai sistemi
informatici. La documentazione del trasporto marittimo ed aereo è esclusa dall’ambito di applicazione della Convenzione Uncitral sull’uso di comunicazioni elettroniche nei contratti internazionali, della c.d. «eCommerce Convention», alla stregua dell’espressa previsione di cui al suo art. 2, §2.
L’avvento dei sistemi computerizzati è destinato ad incidere fortemente
anche sugli assetti tradizionali delle vendite fra piazze diverse, come nel credito documentario. Nei traffici marittimi sono stati sperimentati vari sistemi di documentazione elettronica della merce trasportata, basati sull’accordo fra i soggetti coinvolti nel trasporto. Varie convenzioni di diritto uniforme ammettono l’emissione di documenti di trasporto in forma elettronica; tuttavia, esse non disciplinano il loro impiego in concreto. Ciò vale anche per le recenti Regole di Rotterdam, che prevedono espressamente la possibilità di emettere documenti
elettronici negoziabili, e individuano il controllo esclusivo della registrazione elettronica come equivalente al possesso. Se non si svilupperà uno schema negoziale internazionalmente accettato fra le categorie interessate, ivi compresi gli enti finanziatori garantiti dalle merci, potrà essere opportuna l’adozione di un nuovo strumento di diritto uniforme su questo specifico argomento

Door to door transport contracts are becoming increasingly
prevalent in modern liner transport. However, these contracts are
largely falling outside the ambit of existing international legal
instruments, in the absence of an international legal regime
specifically governing multimodal transport. The Rotterdam Rules
intend to change the status quo by extending their application to door
to door transport, covering not only the sea voyage but also the
carriage by another mode preceding or following the sea voyage
under a contract of carriage. To realize this goal, the Convention
omits documentary requirements and adopts a flexible definition for
the contract of carriage. This ensures that the most liner contracts
currently being used will fall within the ambit of the Convention,
including those concluded on door to door basis. However, there are
also certain contracts of carriage, referred as non-mode-specified
carriage contracts, under which the carrier is entitled to choose the
method or the mode of carriage. The language of article 1.1 does not
elaborate whether these type of contracts would also fall within the ambit of the Convention. In light of the preparatory work, this article
argues that the article 1.1 should be read as applying to non-modespecified contracts, subject to the condition that the contract provides
for sea carriage either explicitly or implicitly. It is submitted here that
this is the most faithful interpretation of article 1.1 to both the text and
its spirit, though it would be preferable had the Rotterdam Rules
elaborated the issue with a specific provision regarding such
contracts

Đại dịch COVID-19 đã ảnh hưởng trực tiếp đến nền kinh tế toàn cầu kèm theo rất nhiều hệ luỵ. Các doanh nghiệp Việt Nam nói chung và các doanh nghiệp trong lĩnh vực hàng hải nói riêng cũng không nằm ngoài vòng xoáy này. Trong một thời gian ngắn, rất nhiều tranh chấp xảy ra liên quan đến chậm giao hàng, chậm trả tiền hàng, tiền thuê tàu, tiền phạt dôi nhật, lưu công, lưu bãi, khiếu nại hàng hoá, đâm va, phá sản, giải thể hay tái cấu trúc doanh nghiệp, v.v… Trước tình hình đó, các doanh nghiệp không khỏi lúng túng để tìm ra những giải pháp hiệu quả nhất cho những tranh chấp của mình.
Nắm bắt được những lo lắng của doanh nghiệp trước tình hình kinh doanh bị ảnh hưởng của dịch bệnh, chúng tôi hân hạnh đem đến một chuỗi webinar hoàn toàn miễn phí (các buổi thảo luận trực tuyến) nhằm cung cấp những kiến thức cơ bản về luật hàng hải áp dụng đối với hoạt động hàng hải tại Việt Nam. Lần đầu tiên tại Việt Nam, các doanh nghiệp sẽ có cơ hội trao đổi trực tiếp với 9 luật sư hàng hải hàng đầu thế giới và khu vực tới từ 6 công ty luật nổi tiếng thế giới. Hơn nữa, người tham dự cũng có thể đặt các câu hỏi trực tiếp cho các luật sư hàng hải về các vấn đề pháp lý cụ thể mà doanh nghiệp đang gặp phải để được các luật sư tư vấn, gợi ý về các giải pháp hữu ích phù hợp với tính chất của từng vụ việc. Bên cạnh đó, các buổi thảo luận cũng được hỗ trợ bởi Trung tâm trọng tài quốc tế Việt Nam (VIAC) đã từng giải quyết rất nhiều tranh chấp hàng hải trong nước và quốc tế và Phòng Trọng tài hàng hải Singapore (SCMA), một tổ chức trọng tài chuyên biệt về lĩnh vực hàng hải.
Chúng tôi tin rằng đây sẽ là cơ hội để các doanh nghiệp nắm bắt được kiến thức cơ bản trong lĩnh vực luật hàng hải cũng như tìm kiếm giải pháp pháp lý hữu ích cho những tranh chấp mà mình có thể gặp phải nhằm có định hướng phát triển để vượt qua những khó khăn trong và sau đại dịch. Đây cũng là cơ hội duy nhất để sinh viên và giảng viên Luật nghiên cứu về lĩnh vực Luật hàng hải quốc tế tại Việt nam.

The direct action is an action of an injured third party against the insurer
of the wrongdoerÕs liability. As a general rule a contract of insurance
of liability is a res inter alios acta, and the right of direct action can
only be exceptionally granted by a statute. The direct action is virtually
always granted when insurance is compulsory. Voluntary marine insurance of liability is provided through P&I Clubs based on mutuality and due to its specificity can hardly sustain a wide right of direct action.
International maritime liability and compensation conventions largely
introduce compulsory insurance and the right of direct action due to the
growing social consciousness. The current reform of the Croatian Maritime Code deals with the issue of the direct action. The proposed solutions are critically approached.

General Average is a concept that belongs only to maritime law. It is connected and interwoven with it and it can legitimately be defined as the first real international body of rules apt to regulate a legal issue in international maritime trades. Even though it has almost three millennia of history behind its back, it is still an obscure and very technical field for many. In the last two hundred years, due to technological developments and the globalization of commerce, the face of maritime trades changed dramatically. General average thus underwent a severe scrutiny, a massive revision and periodical calls for its abolishment. The scope of this paper is to examine the institution from the origins and to find whether General Average has still a place in modern trades or should rather be relegated to the shelves of history books in a Law Library.