Description
THE LIABILITY OF THE SEA CARRIER
Book Summary
This work offers a comprehensive and up-to-date analysis of the liability of the carrier in the international carriage of goods by sea, focusing on the complex issue of the burden of proof. Through a comparative study of the main international regulations (Hague-Visby, Hamburg, and Rotterdam Rules), the author unravels the criteria for attributing liability for damage, loss, or delay in delivery. The reader will find an indispensable tool for understanding regulatory evolution and the suitability of current regimes, including a specific analysis of the Spanish Maritime Navigation Act.
What is it about?
The work delves into the core of the contract of carriage by sea: the liability of the carrier. When the shipper delivers the goods, they lose control over them, and the obligation to protect the cargo falls upon the carrier. The book examines how this liability is legally distributed and, crucially, how contractual non-performance is proven. The study is structured around the comparison of the three major international conventions, evaluating their differences in the allocation of the burden of proof and the extent of the liability of the carrier and other parties. Finally, it analyzes the regime of the Spanish Maritime Navigation Act, contextualizing its origin and the issues its application poses.
Main Topics
- Liability regime of the sea carrier in the international carriage of goods.
- Comparative analysis of the Hague-Visby, Hamburg, and Rotterdam Rules.
- The burden of proof in cases of damage, loss, and delay in delivery.
- Study of the Spanish Maritime Navigation Act and its regulatory issues.
- Evaluation of the suitability of different regulatory regimes for current maritime trade.
Who is it recommended for?
This book is aimed at maritime law professionals, lawyers specializing in commercial and transport law, legal advisors for shipping and international trade companies, as well as researchers and postgraduate students delving into the regulation of the carriage of goods by sea.
What this book provides
- A detailed and comparative analysis of the main international conventions governing carrier liability.
- Clarity on the complex distribution of the burden of proof in litigation over damage to or loss of goods.
- A critical and well-founded evaluation of the suitability of the Rotterdam Rules regime.
- A specific study of the Spanish Maritime Navigation Act, of great use for the national legal sphere.
- Conceptual tools to anticipate and resolve conflicts arising from contractual non-performance in maritime transport.
Technical Specifications
- Author: BADIOLA COCA, SILVIA
- Publisher: J.M. BOSCH EDITOR
- Language: Spanish
- Subject: COMMERCIAL LAW, MARITIME LAW
- Collection: FONDO
- Binding: Paperback
- Publication date: July 2022
- Number of pages: 490
- Weight: 810 g
Editorial Assessment
This is a monograph of great academic rigor that addresses one of the most controversial aspects of maritime law: the contractual liability of the carrier. The work stands out for its comparative approach and its ability to clarify a technically complex subject, offering a critical view of the different regulatory regimes. It is especially valuable for the professional who needs to understand the practical differences between the Hague-Visby, Hamburg, and Rotterdam Rules, as well as for those who operate under Spanish legislation. Reading it is highly recommended for any specialist seeking a solid and up-to-date foundation in the subject.