The carrier’s exemption from liability in the Hague, Hamburg and Rotterdam Rules : an examination from the perspectives of fairness and clarity
The international trade is usually connected with the carriage of goods by sea. The campaign in pursuit of uniform rules governing such carriage was launched in the late nineteenth century and has led to the emergence of the Hague Rules, the Hamburg Rules and the Rotterdam Rules. The carrier’s entitlement to exemption from liability, which triggered much controversy contributing to the development of the international shipping rules, has been regulated in three different ways in the aforementioned three Rules. The principal question addressed in the present thesis is whether they are sufficiently satisfactory. Another question, which is to be dealt with if none of them proves to be the case, is what a better way could be like. Two criteria, namely fairness and clarity, have been chosen in answer to the aforesaid questions. The research contained in the present thesis aims to give a thorough evaluation of the existing regimes regarding the carrier’s exemption from liability and some improvement suggestions in this respect.
carrier’s exemption from liability the Hague Rules the Hamburg Rules the Rotterdam Rules fairness clarity