Carriage of goods by sea

書誌事項

Carriage of goods by sea

Stephen Girvin

Oxford University Press, 2007

大学図書館所蔵 件 / 8

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注記

Includes bibliographical references (p. lxxi-lxxiv) and index

内容説明・目次

内容説明

Carriage of Goods by Sea contains contains a lucid analysis of the law on the subject written primarily from the perspective of English law but with reference to cases in other major commonwealth countries. Introductory chapters cover topics such as the business of carriage as well as the underlying principles (contract, agency, tort, and bailment) and of frustration. This book includes an analysis of the bill of lading and other documents of carriage (including sea waybills and delivery orders). The book focuses on international carriage measures, such as the Hague, the Hague-Visby, and the Hamburg Rules and discusses current developments towards uniformity. The author includes shippers' obligations, the obligations of the carrier, and the rights and immunities of the carrier and there is full coverage of the main issues in charterparties: voyage (including problems of laytime and demurrage); time; and demise. Uniquely the book also covers an analysis of cargo claims. This book will fill an important gap in the existing literature on the subject. It will be one of a small number of one volume texts covering the subject in its entirety, with the added benefit of being fully up-to-date and appealing both to a practitioner and a student audience. Coverage includes all the traditional topics, such as bills of lading and charterparties (voyage, time, and demise), and focuses also on each of the international conventions regulating the subject. Additionally, the content of the book extends to such issues as limitation, admiralty claims (in the cargo context), and a brief discussion of maritime arbitration. Although written from the perspective of English law, a particular feature is the extensive cross-referencing to (and analysis of) the law in other major common law jurisdictions (especially Australasia, Malaysia and Singapore, Hong Kong, and South Africa). Aimed at practitioners, law students and professionals in the industry, the author provides a full and detailed coverage of the main principles in a user-friendly and accessible format.

目次

  • PART I: INTRODUCTION
  • 1. The Business of Carriage of Goods
  • 2. Underlying principles
  • 3. Frustration
  • PART II: BILLS OF LADING AND OTHER DOCUMENTS OF CARRIAGE
  • 4. Shipping documents issued before shipment
  • 5. Types of bills of lading
  • 6. Issue and transfer of bills of lading
  • 7. The bill of lading as a receipt for the goods shipped
  • 8. The bill of lading as evidence of the contract of carriage
  • 9. The bill of lading as a document of title
  • 10. Third parties and bill of lading terms
  • 11. The carriers' delivery obligation
  • 12. Alteration of delivery obligations
  • 13. Charterparties and their relationship with bills of lading
  • 14. Electronic Data Interchange (EDI)
  • PART III: INTERNATIONAL AND DOMESTIC REGULATION
  • 15. Domestic legislation on cargo liability
  • 16. The rise of international regulation
  • 17. Hamburg Rules
  • 18. Hybrid carriage regimes and international Uniformity
  • 19. The scheme of the Hague and Hague-Visby Rules
  • 20. The application of the Hague and Hague-Visby Rules
  • 21. The legal effect of the Hague and Hague-Visby Rules
  • 22. Application and legal effect of the Hamburg Rules
  • PART IV: THE RESPONSIBILITIES OF THE SHIPPER
  • 23. Shipper's common law obligations
  • 24. Shipper's Obligations under the Hague, Hague-Visby and Hamburg Rules
  • 25. Freight
  • PART V: THE OBLIGATIONS OF THE CARRIER
  • 26. Generally
  • 27. Seaworthiness
  • 28. Deviation
  • 29. Reasonable despatch
  • PART VI: THE RIGHTS AND IMMUNITIES OF THE CARRIER
  • 30. Liens
  • 31. Exclusion of liability
  • 32. Limitation of liability
  • PART VII: CHARTERPARTIES
  • 33. Voyage Charterparties
  • 34. Laytime and Demurrage in Voyage Charterparties
  • 35. Time Charterparties
  • 36. Demise (Bareboat) Charterparties
  • PART VIII: CARGO CLAIMS
  • 37. Limitation periods
  • 38. Admiralty claims
  • 39. Maritime Arbitration
  • 40. Damages

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