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The Liability Of The Sea Carrier In The Uncitral Convention On Contracts For The International Carriage Of Goods Wholly Or Partly Sea

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Chapter Summary

The carrier's liability is an aspect of the UNCITRAL Convention. The UNCITRAL Convention has as its purpose to constitute the new international law of carriage by sea. The UNCITRAL Convention is a system of liability closer to the Hague- Visby Rules than to the Hamburg Rules. Article 18 of the Convention arranges a real "tennis game" between the claimant and the defendant, a "tennis game" which contains numerous rallies, even numerous sets. There are a lot of sources of liability for the carrier. In addition to loss and damage there is also delay, and other damage more difficult to identify. The UNCITRAL Convention contains numerous procedural rules, starting with the rules of jurisdiction, in the proper sense. The UNCITRAL Convention does not offer any particular indication as regards the plaintiff in a liability action.

Keywords: Hague- Visby Rules; Hamburg Rules; international law of carriage; sea; UNCITRAL Convention



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