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The Carrier's Liability for Deck Cargo

A Comparative Study on English and Nordic Law with General Remarks for Future Legislation

  • Lina Wiedenbach

Part of the Hamburg Studies on Maritime Affairs book series (HAMBURG, volume 33)

Table of contents

  1. Front Matter
    Pages i-xv
  2. Lina Wiedenbach
    Pages 1-3
  3. Lina Wiedenbach
    Pages 5-14
  4. Lina Wiedenbach
    Pages 15-29
  5. Lina Wiedenbach
    Pages 31-56
  6. Lina Wiedenbach
    Pages 57-95
  7. Lina Wiedenbach
    Pages 97-168
  8. Back Matter
    Pages 169-178

About this book

Introduction

This book deals with the carrier’s liability for deck cargo in the Nordic countries and England as state parties of the Hague-Visby Rules. The comparative method serves to illustrate two widely differing methods of dealing with, first, the exclusion of certain deck cargo from the scope of the Hague-Visby Rules and, second, where not excluded, the Rules failure to include a special deck cargo liability regime. Various solutions similar to the English or Nordic approach, or a combination of the two, have also been adopted in a large number of other jurisdictions. Taking into consideration the massive quantities of cargo that are carried on deck today, the subject is more topical than ever.

The complexity of the problem stems from the way in which the deck has, over the years, gradually become a common place to stow cargo. When the Hague Rules were introduced in 1924, deck stowage was an absolute exception due to the great risks involved. As such, the topic must first be looked at in the context of the shipping realities in which the Hague Rules were drafted and then in terms of today’s shipping realities. The comparative analysis leading up to the author’s conclusions and general remarks for future legislation consists of two parts, the first dealing with the situations in which the carrier is permitted to stow cargo on deck, and the second with the carrier’s liability for deck cargo where he has stowed cargo on deck with, or as the case may be, without such permission.

Keywords

Bill of lading Containerisation Contract of carriage Deck cargo Deck stowage English Law Liability for deck cargo Nordic Law Treaty Law

Authors and affiliations

  • Lina Wiedenbach
    • 1
  1. 1.International Max Planck Research SchoolMax Planck Institute for Comparative and International Private LawHamburgGermany

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-662-46851-7
  • Copyright Information Springer-Verlag Berlin Heidelberg 2015
  • Publisher Name Springer, Berlin, Heidelberg
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-662-46850-0
  • Online ISBN 978-3-662-46851-7
  • Series Print ISSN 1614-2462
  • Series Online ISSN 1867-9587
  • Buy this book on publisher's site
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