Have you any idea about the maritime law perspectives, as well as the Rotterdam Rules future ?
One could state that 80% of global current commerce is under the Haya Visby Rules. However, the Rotterdam Rules in my view will overcome HVR in a next future because RR have a wider coverage of different issues than Haya-Visby Rules have. For instance, in RR the scope of application is the contract of transport (no more mentions to B/L); period of responsability (HVR loading-discharge, RR receipt-delivery of the goods); crystal clear duties over the goods (art. 13 "receive, load, handle, stow, carry, keep, care for, unload and deliver the goods"); longer time-bar (HVR 1 year to RR 2 years). It is just my opinion. Regards.
Rotterdam Rules do bring out some major advancement like recognition to the electronic Bill of Lading, Protection to Marine Environment, Himalayan Clause, wider jurisdiction. However, there are many issues within the convention which can make it difficult for the countries to accept. The Convention Interferes with other regimes of transportation in its implementation. Only the sea leg is required for its implementation. Well defined National or International Law applicable on the road, rail, and air may suffer. 2ndly the rule provides for application or carriage by road, rail, and air if sea leg is involved not understanding the issue that in all modes of carriage the risks and liabilities involved are different.
Rotterdam rules, compared to previous transport conventions, are undoubtedly a complicated regulation, which significantly hinders their adaptation to national legal orders. Their practical application is complicated by the exceptional volume and detail of regulation. RRs are considered fragmentary regulation and not as a comprehensive legal regime for the carriage of sea cargo. As a result, most economically developed countries will continue to accept and use the outdated Hague-Visby system.
This book sounds interesting.
Maritime Law in Motion
Editors: Mukherjee, Proshanto Kumar, Mejia, Jr., Maximo Q., Xu, Jingjing (Eds.)
2020
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