| Summary: | International trade is an important aspect of development in the South African
constitutional state. Section 24 of the Constitution of the Republic of South
Africa, 1996, embodies the principle of sustainable development that is also
applicable to international trade. The aim of this dissertation is to investigate
how trade can be made more sustainable by way of the incorporation of
environmental liability provisions under the lncoterms to provide for instances
where environmental damage is caused during the trade and transport of
hazardous substances.
lncoterms are a set of international rules for the interpretation of the most
commonly used trade terms in foreign trade, and were developed under the
auspices of the lnternational Chamber of Commerce (ICC). lncoterms are
recognised by the United Nations Commission on International Trade Law
(UNCITRAL) as the global standard for trade term interpretation. They define
the transfer of risks for loss or damage of goods between the seller and
purchaser. They are the definitive text for the determination of costs and risks
allocated to the parties. lncoterms are regularly incorporated into sales
contracts worldwide and have become part of the daily language of trade. The
use of lncoterms permits that the uncertainties of different interpretations in
different countries be avoided or at least reduced to a considerable degree.
However, environmental damage may occur during the transport of goods.
This damage may include aspects such as hazardous and noxious substance
spills on land and in water, which may have a detrimental effect on the
environment and which may also give rise to significant costs to rectify and
rehabilitate the environment. Liability for environmental damage may cause
uncertainties in international trade relationships, especially between parties
from different countries. It may accordingly be a useful strategy if lncoterms
were to incorporate and provide for the determination of risk and liability in the
case of environmental damage caused during international trade practices.
In light of the above, this dissertation investigates whether provisions under
the lncoterms provide for liability for environmental damage caused during
international trade practices, and if so, to what extent. === Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2006.
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