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- Title
The Derailment of a Transport Statute: How Regal-Beloit Shipwrecked the Carmack Amendment on the Shoals of COGSA.
- Authors
Balloun, O. Shane
- Abstract
The article discusses the U.S. Supreme Court case of Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp., wherein the Court upheld that only the U.S. Carriage of Goods by Sea Act (COGSA) governs the international intermodal shipments. The decision also manifested that Carmack Amendment for the interstate commerce was rendered completely inapplicable to the international intermodal shipments. It concludes that Regal-Beloit lead to confusion and irregularities that demand the U.S. Congress to interfere and propose a system of rights and liabilities for intermodal shipments which effectively protects the freedom of contract.
- Subjects
UNITED States. Supreme Court; KAWASAKI Kisen Kaisha Ltd.; REGAL Rexnord Corp.; LEGISLATION; SHIPMENT of goods; INTERSTATE commerce laws; UNITED States. Congress; LIBERTY of contract; CONTAINERIZATION; ACTIONS &; defenses (Law)
- Publication
Tulane Maritime Law Journal, 2013, Vol 37, Issue 2, p379
- ISSN
1048-3748
- Publication type
Article