A critical analysis of the obligation and liability of the carrier under the Rotterdam Rules

The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2008 (‘the Rotterdam Rules’) facilitates modern alternatives and provides substantial changes to the Hague Rules, the Hague-Visby Rules and the Hamburg Rules from various perspectives. No...

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Main Authors: Ahmad, Muhamad Hassan, Masum, Ahmad, Mohamed Nafees, Seeni Mohamed, Ali Mohamed, Ashgar Ali
Format: Article
Language:English
Published: Lexis Nexis Malaysian Sdn Bhd 2019
Subjects:
Online Access:http://irep.iium.edu.my/70927/
http://irep.iium.edu.my/70927/1/70927_A%20critical%20analysis%20of%20the%20obligation%20and%20liability.pdf
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author Ahmad, Muhamad Hassan
Masum, Ahmad
Mohamed Nafees, Seeni Mohamed
Ali Mohamed, Ashgar Ali
author_facet Ahmad, Muhamad Hassan
Masum, Ahmad
Mohamed Nafees, Seeni Mohamed
Ali Mohamed, Ashgar Ali
author_sort Ahmad, Muhamad Hassan
building IIUM Repository
collection Online Access
description The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2008 (‘the Rotterdam Rules’) facilitates modern alternatives and provides substantial changes to the Hague Rules, the Hague-Visby Rules and the Hamburg Rules from various perspectives. Nonetheless, it is not yet in force to this day as major maritime countries are generally not in favour of the rules as it increases the obligation and liability of carriers. Accordingly, this paper evaluates to what extent the carrier’s obligation and liability is extended under the Rotterdam Rules. In fact, the obligation and liability of the carrier envisaged under these rules provide the balance of interest between shipping companies and shippers. Therefore, authors propose that it is beneficial for States which have little or no maritime transportation industry to go for ratification, acceptance, approval or accession of the Rotterdam Rules.
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spelling iium-709272019-03-12T02:37:31Z http://irep.iium.edu.my/70927/ A critical analysis of the obligation and liability of the carrier under the Rotterdam Rules Ahmad, Muhamad Hassan Masum, Ahmad Mohamed Nafees, Seeni Mohamed Ali Mohamed, Ashgar Ali K Law (General) The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea 2008 (‘the Rotterdam Rules’) facilitates modern alternatives and provides substantial changes to the Hague Rules, the Hague-Visby Rules and the Hamburg Rules from various perspectives. Nonetheless, it is not yet in force to this day as major maritime countries are generally not in favour of the rules as it increases the obligation and liability of carriers. Accordingly, this paper evaluates to what extent the carrier’s obligation and liability is extended under the Rotterdam Rules. In fact, the obligation and liability of the carrier envisaged under these rules provide the balance of interest between shipping companies and shippers. Therefore, authors propose that it is beneficial for States which have little or no maritime transportation industry to go for ratification, acceptance, approval or accession of the Rotterdam Rules. Lexis Nexis Malaysian Sdn Bhd 2019 Article PeerReviewed application/pdf en http://irep.iium.edu.my/70927/1/70927_A%20critical%20analysis%20of%20the%20obligation%20and%20liability.pdf Ahmad, Muhamad Hassan and Masum, Ahmad and Mohamed Nafees, Seeni Mohamed and Ali Mohamed, Ashgar Ali (2019) A critical analysis of the obligation and liability of the carrier under the Rotterdam Rules. Malaysian Court Practice Bulletin, 1 (1). pp. 1-9. ISSN PP 11356/ https://www.lexisnexis.com/en-us/gateway.page
spellingShingle K Law (General)
Ahmad, Muhamad Hassan
Masum, Ahmad
Mohamed Nafees, Seeni Mohamed
Ali Mohamed, Ashgar Ali
A critical analysis of the obligation and liability of the carrier under the Rotterdam Rules
title A critical analysis of the obligation and liability of the carrier under the Rotterdam Rules
title_full A critical analysis of the obligation and liability of the carrier under the Rotterdam Rules
title_fullStr A critical analysis of the obligation and liability of the carrier under the Rotterdam Rules
title_full_unstemmed A critical analysis of the obligation and liability of the carrier under the Rotterdam Rules
title_short A critical analysis of the obligation and liability of the carrier under the Rotterdam Rules
title_sort critical analysis of the obligation and liability of the carrier under the rotterdam rules
topic K Law (General)
url http://irep.iium.edu.my/70927/
http://irep.iium.edu.my/70927/
http://irep.iium.edu.my/70927/1/70927_A%20critical%20analysis%20of%20the%20obligation%20and%20liability.pdf