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- Title
ROTERDAMSKA PRAVILA - NOVI POKUŠAJ MEĐUNARODNOPRAVNOG UREĐENJA ODGOVORNOSTI ZA POMORSKI PRIJEVOZ STVARI I S NJIME POVEZANIH DRUGIH GRANA TRANSPORTA.
- Authors
IVOŠEVIĆ, BORISLAV
- Abstract
In this article the author reviews the solutions of the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, adopted on December 11, 2008 and open for signature in Rotterdam on September 23, 2009, known as the Rotterdam Rules. Following the introductory analysis of the position of the law prior to the adoption of the new Convention, the author ascertains that in the matter of the international regulations of sea carriage, subsequent to the Hague, Hague/Visby and Hamburg regimes, which regulated the questions of the carrier's liability for the goods received for carriage, the new Convention regulates for the first time the contract for sea carriage wholly, including additional regulation regarding the parts of the voyage preceding or following sea carriage. The author reviews the content of the Rotterdam Rules on the whole. In this context, special attention is given to numerous new legal subjects, legal institutions, documents, and solutions supported by the Convention, always having in mind that the presentation should be duly supported and criticaly perceived in the light of the present position of the legal theory, business practice and existing court decisions. In the conclusion of this article, the author presents and confronts opposite opinions stated in the literature; takes his own position towards such opinions and the solutions contained in the Convention; and considers possible solutions for passing an acceptable and rational liability regime for the goods received for carriage at the international level in future.
- Subjects
MARITIME law; MARITIME shipping; SHIPMENT of goods; INTERNATIONAL law; DELIVERY of goods
- Publication
Comparative Maritime Law / Poredbeno Pomorsko Pravo, 2013, Vol 52, Issue 167, p105
- ISSN
1331-9914
- Publication type
Article