ISBN: 9780198764588

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Carriage of Goods by Sea

Stephen Girvin


Carriage of Goods by Sea contains contains a lucid analysis of the law on the subject written primarily from the perspective of English law but with reference to cases in other major commonwealth countries. Introductory chapters cover topics such as the business of carriage as well as the underlying principles (contract, agency, tort, and bailment) and of frustration. This book includes an analysis of the bill of lading and other documents of carriage (including sea waybills and delivery orders). The book focuses on international carriage measures, such as the Hague, the Hague-Visby, and the Hamburg Rules and discusses current developments towards uniformity. The author includes shippers' obligations, the obligations of the carrier, and the rights and immunities of the carrier and there is full coverage of the main issues in charterparties: voyage (including problems of laytime and demurrage); time; and demise. Uniquely the book also covers an analysis of cargo claims. This book will fill an important gap in the existing literature on the subject. It will be one of a small number of one volume texts covering the subject in its entirety, with the added benefit of being fully up-to-date and appealing both to a practitioner and a student audience. Coverage includes all the traditional topics, such as bills of lading and charterparties (voyage, time, and demise), and focuses also on each of the international conventions regulating the subject. Additionally, the content of the book extends to such issues as limitation, admiralty claims (in the cargo context), and a brief discussion of maritime arbitration. Although written from the perspective of English law, a particular feature is the extensive cross-referencing to (and analysis of) the law in other major common law jurisdictions (especially Australasia, Malaysia and Singapore, Hong Kong, and South Africa). Aimed at practitioners, law students and professionals in the industry, the author provides a full and detailed coverage of the main principles in a user-friendly and accessible format.
PART I: INTRODUCTION 1. The Business of Carriage of Goods PART II: BILLS OF LADING AND OTHER DOCUMENTS OF CARRIAGE 2. Shipping documents issued before shipment 3. Types of bills of lading 4. Other documents of Carriage 5. Issue and Transfer of Bills of Lading 6. The Bill of Lading as a Receipt for the Goods Shipped 7. The Bill of Lading as Evidence of the Contract of Carriage 8. The Bill of Lading as a Document of Title 9. Third Parties and Bill of Lading Terms 10. The Carriers' Delivery Obligation 11. Alterations of Delivery Obligations and Other Problems 12. Charterparties and Their Relationship with Bills of Lading 13. Paperless Trading PART III: INTERNATIONAL AND DOMESTIC REGULATION 14. Domestic Legislation on Cargo Liability 15. The Rise of International Regulation 16. The Movement to the Hamburg Rules 17. Hybrid Carriage Regimes and International Uniformity 18. The Legal Effect and Interpretation of the Hague and Hague-Visby Rules 19. The Scope and Application of the Hague and Hague-Visby Rules PART IV: THE RESPONSIBILITIES OF THE SHIPPER 20. Shipper's Common Law Obligations 21. Freight 22. Shipper's Obligations and Immunities under the Hague and Hague-Visby Rules PART V: THE OBLIGATIONS OF THE CARRIER 23. Seaworthiness 24. Deviation 25. Reasonable Despatch 26. The Carrier's Obligations under the Hague and Hague-Visby Rules PART VI: THE RIGHTS AND IMMUNITIES OF THE CARRIER 27. Liens 28. Exclusion of Liability under the Hague and Hague-Visby Rules 29. Limitation of Liability PART VII: CHARTERPARTIES 30. Voyage Charterparties 31. Laytime and Demurrage 32. Time Charterparties PART VIII: CARGO CLAIMS 33. Frustration 34. Limitation periods 35. Admiralty claims
Stephen GirvinProfessor of Maritime Law, University of Birmingham