Download Aspects of the Hague Rules: A Comparative Study in English by Malcolm Alistair Clarke PDF

By Malcolm Alistair Clarke

It has been anticipated that four-fifths of an carriage of products by way of sea are ruled by way of the Hague principles, safely referred to as the conference for the Unification of yes principles in terms of money owed of Lading, signed at Brussels in 1924. The luck of the conference is wen known. Its value is self-evident and such that, though its good fortune, it's been the topic of normal scrutiny for you to development and reform. consciousness has focussed on numerous concerns, between them primary provisions that are the topic of this booklet. First to be thought of is article X about the criminal scope of the conference: to which contracts for carriage below accounts of lading does the conference practice? this query has triggered a lot difficulty, was once debated by means of the C. M. 1. for two decades and was once it appears settled by way of a brand new Conven­ tion signed at Brussels in 1968; however the resolution may well by no means come into strength because the complete conference is at present being thought of by means of the United international locations so as to reform of a distinct style. the second one a part of the booklet examines one of many basic tasks within the conference. the final word tasks of the service are tasks of due diligence, diligence in taking care of shipment and diligence in getting ready his send for sea. it's the latter accountability that has been chosen for special study.

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2. CHAPTER 3 THE SCOPE OF THE CONVENTION IN THE LAW OF ENGLAND 1. INTRODUCTION The United Kingdom gave effect to the Brussels Convention by the Carriage of Goods by Sea Act 1924. Section I of the Act reads: Subject to the provisions of this Act, the Rules shall have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any port in Great Britain or Northern Ireland to any other port whether in or outside Great Britain or Northern Ireland. The Convention is set out in the Schedule to the Act, however, art.

The answer is found in section I which thereby has the additional function of settling this purely domestic demarcation dispute. Whether the court is dealing with a foreign bill of lading containing a valid reference to English law or with a purely English bill of lading lacking any foreign element, this dispute must be faced and resolved by means of seetion 1. The removal of renvoi does not also remove the defect in section 1. (ii) Application 01 the lex Iod contractus The cure prescribed in the Torni 29 is the application of the lex loci contractus.

402. 25 THE CONVENTION IN THE LAW OF ENGLAND English Cogsa. This assumption has been seen 26 as a consequence of a mistake by Lord Wright who delivered the judgment of the Board in the Vita Food case. Lord Wright thought 27 that a reference to English law must comprise a reference to English private international law, including the unilateral conflicts rule in section I of Cogsa. Thus a court which gave effect to such a reference must respect section land could only apply Cogsa to bills of lading issued in the United Kingdom.

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