Contracts of Carriage by Land and Air

Author: Malcolm A. Clarke
Publisher: CRC Press
ISBN: 1317748883
Format: PDF
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This book provides: • In-depth clause-by-clause analysis and commentary of the major international conventions and standard form contracts within these areas • New editions of two standard forms of contract for international carriage by rail • Citation of the relevant case law and statutes • Footnote annotations and cross-references for each clause or provision

Contracts of Carriage by Air

Author: Malcolm A. Clarke
Publisher: Taylor & Francis
ISBN: 1135115761
Format: PDF, Docs
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Contracts of Carriage by Air, Second Edition contains annotated analysis of the provisions of the international conventions governing the carriage of goods and passengers by air. This book provides you with practical advice and brings you: • An overall view of the two liability regimes, followed by a short history of the Warsaw Convention in its various versions and what led to agreement on a single regime, the Montreal Convention, as well as the threat to uniformity posed by EC Directives. • A statement of the rules of interpretation applicable to conventions of uniform law, illustrated mainly by decisions of the air conventions. • Commentary on the text of the 1999 Montreal Convention together with commentary on the text of the 1967 Warsaw Convention. • Reference to decisions of the courts not only of the UK but also those of other common law countries, notably the USA, and countries of civil law, notably France and Germany.

Carriage of Goods by Sea Land and Air

Author: Baris Soyer
Publisher: CRC Press
ISBN: 1135124191
Format: PDF, ePub, Docs
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Written by a combination of top academics, industry experts and leading practitioners, this book offers a detailed insight into both unimodal and multimodal carriage of goods. It provides a comprehensive and thoroughly practical guide to the issues that matter today on what is a very complex area of law. From the papers delivered at the 8th International Colloquium organised by Swansea Law School's prestigious Institute of International Shipping and Trade Law, this original work considers current opinions, trends and issues arising from contracts of carriage of goods by sea, land, air, and multi-modal combinations of these, not to mention the legal position of vital participants such as freight forwarders, terminal operators and cargo insurers. The topics under discussion range through issues such as paperwork, piracy, liability for defective containers, damage in transit, the CMR Convention, and the possible effects of the Rotterdam Rules. An indispensable resource for transport lawyers, industry professionals, academics and post-graduate students of maritime law.

Freight Forwarding and Multi Modal Transport Contracts

Author: David Glass
Publisher: Taylor & Francis
ISBN: 1317995821
Format: PDF, Docs
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Freight Forwarding and Multimodal Transport Contracts, 2nd Edition, is a comprehensive guide to the law in relation to contract forms and terms created by operators, trade associations or international bodies such as the UN and used as a basis for trading conditions by freight forwarders, logistics suppliers, combined or multimodal transport operators and container operators. This second edition examines the latest editions of contract forms and terms, both where their object is the supply or procurement of multimodal carriage, as well as where they are directed to the use of combined transport equipment (ie containers, swap bodies). Of particular prominence will be a detailed examination of the latest versions of conditions used by the principal UK forwarding, logistics, intermodal and container operators such as the British International Freight Association (BIFA) conditions 2005A and the current Freightliner Conditions as well as updates on many of the conditions in use and legal developments relevant to them, eg Road Haulage Association Conditions 2009, Maersk Conditions of Carriage, TT Club Conditions.

Freight Forwarding and Multi Modal Transport Contracts

Author: David Glass
Publisher: Taylor & Francis
ISBN: 1317995821
Format: PDF, ePub
Download and Read
Freight Forwarding and Multimodal Transport Contracts, 2nd Edition, is a comprehensive guide to the law in relation to contract forms and terms created by operators, trade associations or international bodies such as the UN and used as a basis for trading conditions by freight forwarders, logistics suppliers, combined or multimodal transport operators and container operators. This second edition examines the latest editions of contract forms and terms, both where their object is the supply or procurement of multimodal carriage, as well as where they are directed to the use of combined transport equipment (ie containers, swap bodies). Of particular prominence will be a detailed examination of the latest versions of conditions used by the principal UK forwarding, logistics, intermodal and container operators such as the British International Freight Association (BIFA) conditions 2005A and the current Freightliner Conditions as well as updates on many of the conditions in use and legal developments relevant to them, eg Road Haulage Association Conditions 2009, Maersk Conditions of Carriage, TT Club Conditions.

International Carriage of Goods by Road CMR

Author: Malcolm A. Clarke
Publisher: CRC Press
ISBN: 1317915593
Format: PDF, Docs
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Now in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in failure to guard the vehicle Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.

Pollution at Sea

Author: Baris Soyer
Publisher: Taylor & Francis
ISBN: 1317984412
Format: PDF, ePub, Docs
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A sharp, informed and thoroughly practical guide to contemporary and developing issues relating to sea pollution, prepared by leading academics and practitioners with everyday hands-on experience. Pollution at Sea focuses on a number of the vital private law issues – compensation, insurance, contract and tort – thrown up by contemporary developments in the law of pollution. The book also intends to offer a critical analysis on emerging public law concepts, such as the legal position of seafarers from the perspective of criminal law in cases of pollution and the impact of port state control as a pollution control mechanism. Pollution at Sea is divided into three parts: 1. Private Law Liability Regimes 2. Rights and Liabilities of Particular Parties 3. The Impact of Public Law on the Actors Concerned In part 1; various liability regimes are dissected, including those which have been under the spotlight in recent years. This section has particular international appeal, and many of the regimes discussed are based at least in part on international conventions, agreements or practices. In part 2; the impact of pollution at sea on third parties is considered, with respect to the legal position of parties that might be perused either by the victims of pollution incidents or in some cases by the parties liable by way of a recourse action. Finally in part 3; recent relevant developments, particularly in the realm of public law are covered.

Transport Law in Australia

Author: John Livermore
Publisher: Kluwer Law International
ISBN: 904113395X
Format: PDF
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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in Australia. The book describes the main sources of transport law, jurisdiction and courts, stat

Multimodal Transport Law

Author: Marian Hoeks
Publisher: Kluwer Law International
ISBN: 9041132465
Format: PDF, Kindle
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Due to the fact that no attempt to create uniform law for multimodal carriage has as yet met with success, transport law has no adequate means to create certainty as to the legal consequences of any loss, damage or delay of cargo resulting from multimodal carriage contracts. A fragmented, complex and inconsistent liability patchwork - which involves regional, subregional and national laws usually focused on unimodal transport, supplemented by contractual standard rules created by the industry - serves as an international liability framework. The consequence of this state of affairs is that the applicable liability rules vary greatly from case to case and give rise to uncertainty concerning the extent of a multimodal carrier's liability in a given situation. Indeed, according to a 2003 UNCTAD survey, most parties involved in the transport industry do not consider the existing legal framework for multimodal transportation to be satisfactory or even cost-effective. Now, progressing through an in-depth analysis of the exact nature of the international multimodal carriage contract, this important study assesses how the most advantageous law applicable to a multimodal contract may be uncovered. Using the ideas, legislation and case law on multimodal carriage in the legal systems of Germany, The Netherlands and England to anchor her presentation, the author offers a thorough investigation of the existing framework of carriage law, the applicable rules of private international law, and the options provided by choice of law based on contractual conditions. In the course of the analysis all essential issues are scrutinized, including the following: * whether the modes of transport to be used may be left open by the contract; * time bars on protest and litigation and when they commence; * carriage documentation; * liability of the carrier for subcontractors; * planning for 'friction costs'; * rules on jurisdiction and the resulting forum shopping practice; * instances where conventions overlap, or when no existing carriage regime applies; * damage or loss that occurs at the point where one unimodal regime ends and another begins; * damage or loss brought about by multiple causes; and * rights and obligations attached to delivery. No comparable treatise exists on which rules may govern international multimodal contracts for the carriage of goods and under what conditions they will do so, and this book is thus an indispensable asset to the work of any practitioner or official connected with international transport. In addition, the author presents a detailed review of the various drafts and propositions that have been on offer in recent years, and submits a well-thought-out proposal for a set of multimodal transport rules to alleviate the difficulties that currently plague this area of carriage law.

European Sustainable Carriage of Goods

Author: Ellen Eftestøl-Wilhelmsson
Publisher: Routledge
ISBN: 1317633946
Format: PDF
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This work discusses the rapidly developing European transport policy on sustainable freight and the connected efforts initiated by the European Commission (EC) on greening transport by the means of contract law. Greening transport has been a central goal for the EU for decades. The main problem has been, and still is, that far too much carriage of goods within the EU is performed unimodally: by road carriage alone. This has caused severe problems particularly in central Europe, where both trade and environment is suffering from an ineffective transport industry with growing problems of congestion and pollution. A modal shift in transport from mainly road based to a form of transport in which more environmental friendly modes such as rail, inland waterways and sea born transport are integrated into one transport chain, is hence an objective of the EU. If successful, this model could then be extended to the international transport community. The key question raised in this book is whether the traditional role of contract law is changing to such an extent that the parties involved must take external interests into account. In the case of the EU’s efforts to enhance sustainable carriage of goods within its realm, the author explores whether governmental interference is necessary, or if we can trust that the parties will integrate environmental issues into their contracts because there is a demand for such clauses. The different proposals for an EU regime on multimodal contracts of carriage are discussed in this context. This book will be of great relevance to academics and practitioners with an interest in EU law, transport law, environmental law and maritime law in general.