With the aid of statutory provisions and decided cases, critically analyze the international legal regime governing liability of carriage of goods by sea.
Task:
Your essay must cover the following:
a. Provide an account of the international legal framework governing carriage of goods by sea.
b. Differentiate the divergent legal systems and regimes that can be encountered in international transportation of goods.
c. Analyse relevant decided and hypothetical cases showing the application of law in the international carriage of goods by sea.
Furthermore, other international treaties have been implemented to govern specific aspects related to carriage of goods at sea – such as The Hamburg Rules which provides more protection for cargo owners than its predecessor; and The Rotterdam Rules which seek to modernize existing regulations by introducing electronic documentation and standardizing liabilities across different types of transport . Additionally, various court cases have further contributed towards clarifying issues related to carriage including distinguishing between actuals damages (which must be proven) versus presumed damages (due regardless) when it comes determining carrier negligence.
In conclusion, it is evident that there is robust legal framework governing liability of carriage of goods by sea based on statutes and court precedents designed promote safe passage while providing protection from potential losses occurring during transit. As such this international regime helps ensure smooth operations between shipping companies and their customers thus making it an essential part global maritime industry.
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