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Transport Documents in the Light of the Rotterdam Rules

Conference paper
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Abstract

This paper studies “Transport Documents in the light of the Rotterdam Rules”. It explains the meaning and types of the transport documents under the Rotterdam Rules comparing with those under the Hague, Hague-Visby and Hamburg Rules. The question of the extent to which the provisions of the Rotterdam Rules regarding the transport documents covers the practical needs is addressed herein.

This paper concludes that the Rotterdam Rules create its own law with respect to the transport documents and generalises all types of documents used in practice for carriage under the name of transport documents. The Rotterdam Rules have some advantages such as the coverage of the electronic transport document and the document for multimodal transport with a sea leg and some disadvantages such as the lack of direct connection with the practice. Ultimately, the Rules can be evaluated as good or bad only in the future after they have been in use, and the question whether the Rotterdam Rules is the only alternative for the unification of transport laws of the Hague and Hamburg regimes will then be answered. Do we all have time for that?

Keywords

Electronic Record Medium Electronic Communication Good Faith Actual Shipper Electronic Data Interchange 
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. Debattista C (2009) The goods carried – who gets them and who controls them. In: Uncitral colloquium on Rotterdam Rules, 21 September 2009, Rotterdam. http://www.rotterdamrules2009.com/cms/uploads/Def%20%20tekst%20Charles%20Debattista%2031%20OKT29.pdf
  2. European Shipper’s Council (2007) Position paper on the draft maritime instrument of the United Nations Commission on International Trade Law, April 2007. http://www.mcgill.ca/files/maritimelaw/European_Shippers_Council_Position_Paper.pdf
  3. Karan H (2004) Elektronik konişmento (Electronic bill of lading). Turhan Kitabevi, AnkaraGoogle Scholar
  4. Tetley W (2008) A summary of general criticisms of the UNCITRAL Convention (the Rotterdam Rules), 20 December 2008. http://www.mcgill.ca/files/maritimelaw/Tetley_Criticism_of_Rotterdam_Rules.pdf
  5. Yiannopoulos AN (1995) Ocean bills of lading. Kluwer, The HagueGoogle Scholar

Copyright information

© Springer-Verlag Berlin Heidelberg 2011

Authors and Affiliations

  1. 1.Maritime Law Department, Faculty of LawAnkara UniversityAnkaraTurkey
  2. 2.Delegate of the ICC Transport CommissionIstanbulTurkey

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