Critically Analysing the Carrier’s Liability under the Carriage of Goods by the Sea with respect to Rotterdam Rules

  • Siddharth Tyagi
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  • Siddharth Tyagi

    Assistant Professor at Faculty of Law, GLS University, Ahmedabad, India

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Abstract

This research critically analyzes the carrier's liability under international carriage of goods by sea, focusing on the Rotterdam Rules and their implications for global shipping laws. The study explores the evolution of maritime conventions, including the Hague, Hague-Visby, and Hamburg Rules, and highlights the challenges of achieving uniformity in a fragmented legal landscape. The paper examines the basis of liability, burden of proof, and the carrier's obligations, emphasizing the significant yet evolutionary changes introduced by the Rotterdam Rules. Special attention is given to provisions such as Article 17, which redefines the distribution of liabilities and the carrier's responsibilities for multimodal transportation. This work also evaluates controversial aspects like the removal of the "nautical fault" exception and its impact on modern shipping practices. Through a doctrinal methodology, the study contributes to understanding the advancements and limitations of the Rotterdam Rules while assessing their potential to become the dominant international liability system.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 936 - 946

DOI: https://doij.org/10.10000/IJLMH.118592

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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