The structure of carrier's liability and burden of proof under the United Nations convention on contracts for the international carriage of goods wholly or partly by sea (2009). Issue 3 (2nd July 2016)

• Record Type: Journal Article
• Authors: Sefara, Assefa Aregay
• Is Part Of: Australian journal of maritime and ocean affairs. Volume 8:Issue 3(2016)
• Page Start: 199
• Page End: 205
• Publication Date: 2016-07-02
• Subjects: Carriage of goods by sea -- carrier's liability -- burden of proof -- Rotterdam rules; Maritime law -- Australia -- Periodicals; Maritime law -- Indo-Pacific Region -- Periodicals; Law of the sea -- Australasia -- Periodicals; Law of the sea -- Indo-Pacific Region -- Periodicals; Shipping -- Australia -- Periodicals; Shipping -- Indo-Pacific Region -- Periodicals; Maritime law -- Periodicals; Shipping -- Periodicals; Periodicals; 341.45
• DOI: 10.1080/18366503.2016.1229647
• Languages: English
• ISSNs: 1836-6503

Abstract

ABSTRACT: A new development in the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, 2009 (commonly called Rotterdam rules) is the formula it adopted to deal with the basic question of the carrier's liability. It has set out a new structure of the carrier's liability and the burden of proof. Still its approach is not totally novel but extracted from the previous maritime conventions. It has preserved the 'fault-based liability system' established by the Brussels Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 (also known as Hague Rules), the Hague Rules amended with 1968 Visby Protocol and the SDR protocol of 1979 (Hague-Visby Rules) and International Convention on the Carriage of Goods by Sea 1978 (Hamburg Rules). This piece of work analyses the new structure of carrier's liability introduced by this convention.