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Obligations and Liabilities of the Shipper

Conference paper

Abstract

Unlike previous maritime transport law conventions, the Rotterdam Rules contain considerable number of detailed provisions on the shipper’s obligations and liabilities. They include the obligations to deliver the goods ready for carriage and to provide proper information, fault based liability as the general rule and special rules with regard to dangerous goods and information for the contract particulars. Although it was sometimes observed that they impose onerous liabilities on the shipper, this paper raises a basic question: whether and to what extent are shipper’s obligations and liabilities are substantially affected under the Rotterdam Rules compared with the current regime? After close examination of the relevant provisions in Chapter 7 of the Rotterdam Rules, it concludes that the shipper’s obligations and liability are not substantially increased under the Rotterdam Rules.

Keywords

Supra Note Strict Liability Inaccurate Information Specific Obligation Dangerous Good 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. Baughen S (2009) Obligations owed by the shipper to the carrier. In: Thomas DR (ed) A new convention for the carriage of goods by sea: the Rotterdam Rules. Lawtext Publishing, Oxford, pp 169–189Google Scholar
  2. Diamond A (2009) The Rotterdam Rules. LMCLQ 445Google Scholar
  3. Hooper CD (2009) Obligations of the shipper to the carrier under the Rotterdam Rules, Chap 7. Unif. L. Rev:885Google Scholar
  4. Olebakken IH (2007–2008) Background paper on shipper's obligations and liabilities. CMI Yearb:300Google Scholar

Copyright information

© Springer-Verlag Berlin Heidelberg 2011

Authors and Affiliations

  1. 1.University of TokyoTokyoJapan

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