LAWIN

Tag: Maritime Law

  • Carriage of Passengers

    Comparative Analysis International Overview The International Convention for the Unification of Certain Rules Relating to Carriage of Passengers by Sea (the "Passenger Convention 1961") was adopted in Brussels on 29 April 1961 and came into force on 4 June 1965. It was in force in […]

  • Seaworthiness

    Seaworthiness Some of the sources imposing this duty Civil law (art. 2008, 2015, 2022, and 2063 C.C.Q. (C.B. at p. 60) Common law Harter Act, 1893, 46 U.S. Code Appendix 190-196 Steel v. State Line (1877-78) 3 App. Cas. 72 …..(H.L.) (C.B. at p. 56) Canadian Pacific Forest Products v. Belships [1999] 4 F.C. 330,…

  • Seaworthiness

    Seaworthiness Some of the sources imposing this duty Civil law (art. 2008, 2015, 2022, and 2063 C.C.Q. (C.B. at p. 60) Common law Harter Act, 1893, 46 U.S. Code Appendix 190-196 Steel v. State Line (1877-78) 3 App. Cas. 72 …..(H.L.) (C.B. at p. 56) Canadian Pacific Forest Products v. Belships [1999] 4 F.C. 330,…

  • Choice of Jurisdiction

    Choice of Jurisdiction Introduction In the past, the courts of all nations have jealously guarded their jurisdictions and have looked unfavourably on clauses in contracts which called for suit elsewhere. In consequence, courts properly seized with a dispute, have usually refused motions calling for the stay of proceedings. Recently, however, motions for stay have been…

  • Choice of Jurisdiction

    Choice of Jurisdiction Introduction In the past, the courts of all nations have jealously guarded their jurisdictions and have looked unfavourably on clauses in contracts which called for suit elsewhere. In consequence, courts properly seized with a dispute, have usually refused motions calling for the stay of proceedings. Recently, however, motions for stay have been…

  • Maritime Law History

    Introduction to Maritime Law HistoryThe origins of maritime law go back to antiquity. Because no country has jurisdiction over the seas, it has been necessary for nations to reach agreements regarding ways of dealing with ships, crews, and cargoes when disputes arise. The earliest agreement…

  • BUNGE CORPORATION, NEW YORK v. TRADAX EXPORT S.A., PANAMA

    BUNGE CORPORATION, NEW YORK v. TRADAX EXPORT S.A., PANAMA HOUSE OF LORDS [1981] 2 All ER 513, [1981] 1 WLR 711, [1981] 2 Lloyd’s Rep 1 HEARING-DATES: 23, 24, 25, 26 February, 7 May 1981 7 May 1981 Overview By a contract made on January 30, 1974, the buyers agreed to buy from the sellers…

  • BUNGE CORPORATION, NEW YORK v. TRADAX EXPORT S.A., PANAMA

    BUNGE CORPORATION, NEW YORK v. TRADAX EXPORT S.A., PANAMA HOUSE OF LORDS [1981] 2 All ER 513, [1981] 1 WLR 711, [1981] 2 Lloyd’s Rep 1 HEARING-DATES: 23, 24, 25, 26 February, 7 May 1981 7 May 1981 Overview By a contract made on January 30, 1974, the buyers agreed to buy from the sellers…

  • Arrest of Ships

    Arrest of Ships Comparative Overview International The Arrest of Sea-going Ships Convention, Brussels, 10 May 1952, entered into force 24 February 1956. The Lisbon Draft Arrest Revision, 25 May 1985, is not in force. And the Arrest of Ships Convention 1999, adopted by the IMO on 12 March 1999, is not yet in force. States…

  • Limitation of Shipowner Liability

    Limitation of Shipowner´s Liability Comparative Overview International The Brussels Limitation Convention of 1924, 25 August 1924, in force on 2 June 1931. The Brussels Limitation Convention of 1957, 10 October 1957, in force on 31 May 1968, as amended by the Protocol of 21 December 1979, in force on 6 October 1984. The IMO Limitation…

  • Bills of Lading Legislation

    Bills of Lading Legislation Comparative Overview International There is no international convention on bills of lading. The CMI adopted voluntary rules on shipping documents (CMI Uniform Rules for Electronic Bills of Lading, Paris, 29 June 1990, and CMI Rules for Sea Waybills, Paris, 29 June 1990). See the CMI Handbook of Maritime Conventions, LexisNexis, Newark,…

  • Collisions

      Collisions Comparative Overview International The International Convention for the Unification of Certain Rules of Law With Respect to Collisions Between Vessels, Brussels, 23 September 1910, which entered into force 1 March 1913. The International Convention for the Unification of Certain Rules Relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation,…

  • Collision Regulations

    Collision Regulations Comparative Overview International The International Regulations for Preventing Collisions at Sea (“Collision Regulations 1972”, also known as the “COLREGS” ) were enacted by the Convention on the International Regulations for Preventing Collisions at Sea, adopted at London, 20 October 1972, which entered into force on 15 July 1977. The COLREGS 1972 were amended…

  • Responsibility for Cargo Ashore

    Responsibility for Cargo Ashore Comparative Overview International Overview There is no international convention presently in force with respect to responsibility for cargo before loading and after discharge. Nevertheless, the subject has been addressed by the United Nations Commission on International Trade Law (UNCITRAL)in the United Nations Convention on the Liability of Operators of Transport Terminals…

  • Maritime Law Scope

    Maritime Law: The Scope of Maritime LawIntroduction to Maritime Law ScopeLiability for common-law wrongs is enforced by the maritime law of the United States and the United Kingdom (see Common Law; Tort). Maritime torts include all illegal acts or direct injuries arising in connect…