Carriage and legal conditions of maritime transport in the process of globalization

University of Zilina, Faculty of Operation and Economics of Transport and Communications, Department of Water Transport, Univerzitna 1, 010 26 Zilina, Slovakia

^* Corresponding author: galierikova@fpedas.uniza.sk

Abstract

Research background: The paper contains a comprehensive analysis of the marine, primarily from the perspective of English law but with reference to cases in other major marine developed countries. 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 extends to such issues as limitation, claims (in the cargo context), and a brief discussion of maritime arbitration.

Purpose of the article: The main purpose of this paper is to analyse the bill of lading and other documents of carriage. It also focuses on international carriage measures, such as the Hague, the Hague-Visby, and the Hamburg Rules and discusses current developments towards uniformity. The analysis includes: analysis of shippers’ and carriers’ obligations and the analysis of rights and immunities of the carrier.

Methods: The main methods used in this paper are the theoretical methods of analysis and synthesis. Every synthesis is built upon the results of a preceding analysis, and every analysis requires a subsequent synthesis to verify and correct its results.

Findings & Value added: The paper seeks to examine in a commercial context the legal problems facing shipowners, charterers, shippers and receivers of goods and the solutions adopted by the courts and international conferences to those problems. Many of the legal principles involved are not restricted to shipping, but serve the wider area of commercial law generally.