Asian Journal of Development Matters
  • Year: 2018
  • Volume: 12
  • Issue: 1spl

Laws relating to carriage of goods by sea under the international law

  • Author:
  • Seyed Amirhossein Mahdavian1, T. R. Maruthi2
  • Total Page Count: 12
  • Published Online: Oct 1, 2018
  • Page Number: 34 to 45

1Department of Studies in Law, University of Mysore, Manasagangotri, Mysore, Karnataka

2Professor, Post Graduate Department of Studies of Law, University of Mysore, Manasagangotri, Mysore, Karnataka

Abstract

Transport and distribution are key considerations when planning for international trade. Choosing the right mode of transport is very essential to the person who wants to transport the goods by sea, must know whether the import/export of goods by sea is efficient, cost-effective and safe. Goods can be shipped in larger volumes at low costs only via transporting them viasea. Carriage of goods by sea is a contractual relationship which is applicable to governing law and enforced to mandatory regulations which is applied by the forum in which any dispute can be resolved. The problem statement of the study will be on deviation and the issues that arise in particular in respect of charterparty contracts and bill of lading, as these are the most important legal issues that arise as a result of carriage of goods by sea. National-level legislation attempted to curtail such unlimited freedom of contract but proved to be insufficient. Therefore, at the turn of the last century, the international community recognized that for international trade to flourish it would be essential to create an international legal regime that could accommodate two purposes, first is the flexibility to allocate risks in line with their commercial needs, and, second is the prevention of abuse and protection for the parties in a weaker bargaining position. This led to the drafting and implementation of the rules under the international law. Therefore deliver of goods by sea is an important obligation of the carrier. It is one of the main purposes and core issues of the carriage of goods by sea. By delivering of goods, the parties obligations under the contract of carriage of goods is considered as a significant part of international carriage of goods by sea and but there is a lack of provisions concerning delivery of goods by sea in the existing international conventions.

Keywords

Carriage of Goods, Sea, Charterparty, Bill of lading, International Law