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International Logestic & Management (LAW) - Essay Example

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Background The follow up to the Hague Rules is better known as The Hague Visby Rules. These rules are designed to regulate the movement of goods by sea and target the relationship of the shipper and the carrier. The Hague Visby Rules were drafted in 1968 and were last modified in 1979…
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International Logestic & Management (LAW)
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Download file to see previous pages It is reported that the Hague Visby Rules are unclear from text and that case law has served to remove the various ambiguities in it. Hague Visby Rules’ Standalone Status The amendments to the Brussels convention of 1924 are considered to be the Hague Visby Rules. Therefore the Hague Visby Rules cannot be considered as an isolated document. Article 6 of the Rules clarifies this position strongly. Moreover, if any nation chooses to adopt The Hague Visby Rules then it is bound by them2. This indicates that the Hague Visby Rules are clear as far as their ratification is concerned. Force of Law behind The Hague Visby Rules The decision of an English court over the Vita Food Products v Unus Shipping Co3 held that the Hague Rules did not possess the force of the law. The court declared that the Hague Rules in fact held effect by agreement rather than through law especially as they did not possess a paramount clause. The Hague Visby Rules were an attempt to treat this issue. In the case of the Hague Rules, nations were free to choose the extent to which these rules were applied. However, as mentioned above The Hague Visby Rules stipulated that adopting these laws meant being bound by them fully. Article 10 of the rules clearly states that any contracting state observing these rules will apply them as “the force of the law”. ...
Moreover, for all practical purposes nations that have not adopted the Hague Visby Rules are still bound by them because these Rules are in effect the world over. Non participatory nations observe the Hague Visby Rules whenever they utilise international instruments or utilise the equivalent laws from any contracting state such as by referencing within the bill of lading. Paramount Clause and the Hague Visby Rules The Hague Rules were weakened primarily due to the possession of paramount clauses. The presence of paramount clause forced nations using these Rules to look for paramount clauses explicitly within contracts. This was manifest in the initial standing of the Privy Council in Vita Food Products v Unus Shipping Co.3 case. However, the Privy Council soon reverted their stand and later the new position turned into standard practice. Such lacuna does not exist in The Hague Visby Rules especially in light of Article 10 that was remodelled as: “Each contracting state shall apply the provisions6 ...” This declaration ensured that the application of the Hague Visby Rules does not require any paramount clause. Furthermore, any nation’s legislation that previously required the presence of a paramount clause has been dissuaded from doing so. All provisions under the Hague Visby Rules are treated equally as there is no paramount clause. Bill of Lading in The Hague Visby Rules Bills of lading are considered the best possible evidence for contracts. Moreover, any bill of lading need not be a carriage contract. Multiple cases have affirmed this point of view. A notable example is The Ardennes7 and Saint John Shipbuilding and Dry Dock Co. Ltd. v Kingsland Maritime Corp8. etc. the contract is ...Download file to see next pagesRead More
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