Authors:
- Places the complexity of problems relating to deck cargo in a contemporary commercial context
- An analysis of the treaty law as incorporated by the member states taking into consideration important national differences in interpretation
- Challenges the view that the “special deck cargo liability” system in the Hamburg and Rotterdam Rules is a novelty compared to the general “presumed fault” system long-practiced in shipping
Part of the book series: Hamburg Studies on Maritime Affairs (HAMBURG, volume 33)
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Table of contents (6 chapters)
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Front Matter
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Back Matter
About this book
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.
Authors and Affiliations
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International Max Planck Research School, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany
Lina Wiedenbach
Bibliographic Information
Book Title: The Carrier's Liability for Deck Cargo
Book Subtitle: A Comparative Study on English and Nordic Law with General Remarks for Future Legislation
Authors: Lina Wiedenbach
Series Title: Hamburg Studies on Maritime Affairs
DOI: https://doi.org/10.1007/978-3-662-46851-7
Publisher: Springer Berlin, Heidelberg
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer-Verlag Berlin Heidelberg 2015
Softcover ISBN: 978-3-662-46850-0Published: 10 June 2015
eBook ISBN: 978-3-662-46851-7Published: 29 May 2015
Series ISSN: 1614-2462
Series E-ISSN: 1867-9587
Edition Number: 1
Number of Pages: XV, 178
Topics: Law of the Sea, Air and Outer Space, Private International Law, International & Foreign Law, Comparative Law, International Economic Law, Trade Law