28 Jun HARMONISATION EFFORT IN CARRIEGE OF GOODS BY SEA
Harmonisation effort in carriege of goods by sea
“The ideal of international uniformity has always been regarded as particularly important to maritime law… Most importantly, any new instrument that is adopted must allow for timely, straightforward, flexible and frequent review and amendment procedures, which cannot be derailed by minority interest groups … The mandatory status of international conventions can raise the political stakes to the point where all that the parties can agree on is a mediocre instrument hedged about with problematic compromises. By contrast, the use of model laws or voluntary principles, industry clauses or guidelines can be considerably less threatening and achieve more effective harmonisation in the long term”
Discuss critically with reference to harmonisation efforts in the carriage of goods by sea.
So, I need historical view for the issue and analyzing for the main 3 instrument which govern the carriage of Goode by sea ( hugue, Hamburg, and Rotterdam )
All component in the question have to be mentioned in proper and contest way ( coherence )
I want the result to be in behave using soft law, enhancing parties freedom of contract
I need to spot a light on the efectivness of both conventions which been used currently and voluntary (soft law such model, guidelines, regulates,) in reality.
All debat has to be related to the idea of harmonization been achieved in carriage of Goods by sea.
please I need prove for every point with refrence
I would like to use :
*Haicong Z, A Call for the Restoration of Contractual Freedom in Cargo Shipping
*Berlingieri A COMPARATIVE ANALYSIS OF THE HAGUE-VISBY RULES, THE HAMBURG RULES AND THE ROTTERDAM RULES
*Karan “Do we need a new set of Carriage rules? The Rotterdam Rules” (2011)
* Berlingieri ( Unification and Harmonization of maritime law Revisited)
* Chapter 5 international carriage of goods
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