Cargo Carrier’s Liability in National Maritime Laws – a Comparative Review (original) (raw)
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For international trade to flourish there must be an involvement in transaction of goods by sea between a buyer in one country and seller in another. It is essential to know about the contract that governs the carriages of goods by sea, as international trade has been highly beneficial in regards to shipping industry. The carrier plays a significant role in this contract and it is necessary to understand its involvement in the contract in regards to his obligations and immunities. Also, this research shall study the present rules governing the carriages of goods by sea namely The Hague Rules, the Hague-Visby Rules, the Hamburg Rules, and the Rotterdam Rules. Comparing it to the obligation and immunity of the carrier under the Indian carriages of good by sea act. It shall also study about the liabilities imposed to the carrier in terms of limitations, exceptions duties, and burden of proof. As India continues to adopt The Hague Rules, which has serious defects however, modifications have been made under the Indian carriages of goods by sea. This research shall correspondingly raise questions like; do the current laws in India provide sufficient provisions to protect the rights of the cargo owners? What differences does it have in its provisions that deal with the carrier and the customers’ rights? If the international conventions are ratified by India, is there any expected changes for the improvement of the rules that governs the carrier’s obligations and what practicable rules should be provided for India’s maritime law to reflect itself to the international standards. In addition, this study will compare the English law with respect to all the questions raised above, under the contract that governs the carrier’s liability under the carriers of goods by sea in order to overcome the shortcoming of its predecessor. Further, this paper will put forward some suggestions and recommendations as part of its conclusion.