Will the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (The Rotterdam Rules) be a successful single legal solution to modern international trade by sea in the 21st century? : a comparison of the Hague/Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules

• Main Author: Chitcharoongkiat, Donaporn
• Published: University of Aberdeen 2013
• Subjects: 340
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.606428

The Rotterdam Rules are intended to be a single source of legal solutions to issues, problems and disputes arising in modern international trade by sea. They aim to bring greater uniformity and to update and modernise existing provisions to facilitate trade while maintaining an appropriate balance between the interests of carriers and shippers. Whether the Rotterdam Rules will be a success as the international convention of maritime transport law remains open to question at this stage. This thesis will offer an answer as to whether the Rotterdam Rules, particularly as compared with the Hague/Hague-Visby Rules and the Hamburg Rules, will be a successful single legal solution to international trade by sea in the 21st century. This thesis focuses on three particular areas: multimodal transport, the transport document and risk management. As regards multimodal transport, the issues discussed are the limited scope of the Rotterdam Rules and conflict problems between the Rotterdam Rules and the existing unimodal conventions. Then we consider whether the Rotterdam Rules are a big step forward in international multimodal transport. As regards the transport document, this thesis sets out to answer the question of whether the Rotterdam Rules have succeeded in terms of setting up a satisfactory and workable legal framework for the transport document and the electronic transport record. As regards risk management, the thesis considers the problem of the burden of proof under the existing conventions and assesses how well the new structure of allocation of the burden of proof under Article 17 of the Rotterdam Rules will work in practice. In conclusion, the thesis offers a view on whether the Rotterdam Rules should be accepted and supported by the industry.