International Commercial Law Is Summative to Many Essay
- Length: 7 pages
- Sources: 15
- Subject: Government
- Type: Essay
- Paper: #6896924
Excerpt from Essay :
International commercial law is summative to many other laws representing state affairs in the nationals involved throughout the world. The existence of the international commercial law is perceived to offer an equitable allowance to master and cater for differences and collide of ideas among people and organizations from all over the world. Nonetheless, the regime of carrier's liability under the Hamburg Rules is far more stringent than that under the Hague-Visby Rules. The Hague-Visby rules and Hamburg rules are coordinative of the international business. International businesses involve commercialized activities and procedures that require legal justifications. As with the regime of carrier's immunities, the two domains of legal structures are reflective but offer differing magnitude of analysis and subsequent explorations
The contract of carriage of goods through the sea is between the owner of the ship and the shipper. The bill of lading is responsible for generation of terms and conditions for carriage. The laws laid out to manage the Hague-Visby rules and Hamburg determines carriage of cargo and their subsequent security terms and conditions. Before the initialization of the laws, it was hard for agreements to be reached between the cargo owners and owners of ships used to transport the cargo. The two rules gave an enormous boost to the entire service delivery and agreements that brought enough light to the existence of effective and efficient rules within the two bodies
The rules are coincidental since they handle similar matters in the field of the ship and cargo transportation together with protection and urgency of carrier's immunities. The international commercial law governs the sea and many other routes used by the ships and other marine transport mechanisms. The international commercial law is summed up between many laws, some of which are the Hague-Visby rules and Hamburg rules in support of the Rotterdam Rules. The manner in which the Hague-Visby rules manage and view international commercial activities is different from the perception taken by the Hamburg rules and regulations. The two laws differ in magnitudes when conceiving and reacting to cases involving international commercials in ships and cargo management. The differences arise from the perceptive and conventional steps that are taken by the two sets of rules and regulations. Carrier immunity protection is more sentimental with Hamburg rules than with the Hague-Visby rules.
With Hague-Visby rules, the contract of carriage is a rudimentary approach that must be taken with utmost strength and applicability in its nature. Hague-Visby rules are directed at protecting cargo owners from being excluded in the widespread liability by sea carriers. Carriers have safety in carriage of the cargo since they are assured immunity in the case of any loss of the cargo. Sea carriers know extremely that they are the dominant figures when it comes to managing and bringing change within the transportation. In order to ensure equitable management and protection of the cargo owners, many elements of the Hamburg rules are extremely strict, and unlike with the Hague-Visby rules and regulations. Carrier immunity is higher with Hamburg rules. The company concerned with the Hague-Visby rules described and presented equitable rules to the bills of lading in order to have its say when it came to matters concerning sea transportation
. The placement of the rules contained in the Hague-Visby Rules showed a significant difference with other rules when it came to the realization and execution of the European enterprise sea transportation. The Hague-Visby Rules are concerned with all the trading activities that are found within the coastline, and carry out their transportation through the seas. In such a case, the carrier is immune from challenges of transport. Unlike the Hamburg rules, Hague-Visby rules has several considerations that accommodate many people
. Parts of the rules that govern sea transportation through the Hamburg rules are the Rotterdam Rules.
The use of words and phrases by the Hague-Visby Rules did not involve "contract state" rules. Nonetheless, unlike the Hamburg rules, the name of the nation in which the law originated was not named within the Hague-Visby Rules connotations. The Hague-Visby Rules used "contract states" in order to avoid any further controversies between the states from which the laws originated. The Hamburg rules constitute of a new convention that touches on maritime transportation agreements subscribed to the auspices of the United Nations as at 31st March 1978 in Hamburg. The official directive of the Hamburg rules touches on transportation of goods and services through the sea. All outward shipments are applicatory and must submit to the dictates of the Hague-Visby Rules. The country under intense coverage is the United Kingdom. The application of the Hague-Visby Rules is done only if the carriage belongs to one of the states described in the bill of lading. The states in which the bill of lading was issued or had paramount clauses from them are applicatory to the Hague-Visby Rules
Without the bill of lading, the Hague-Visby Rules are not applicatory at all instances. The law has no legal background in which to base the application of the rules if the nations involved do not have sound effects and signatories to the bill of lading. The Hague-Visby Rules does not touch on nations that do not have the bill of lading as basic mechanisms concerned with sea transportation
. Therefore, the rule has fewer chances of enabling one's access and transport materials through the sea. As specified in the bill of lading and the Rotterdam Rules, it is significant to have specifications and checking of good before they are transported from one region to another through the sea. The bill of lading establishes a background through which the carriers access immunity.
The Hague-Visby Rules have no evidence and applicable parameters to the charter parties. The states of immunity prescribed in such cases are applicatory to the carriers under specified levels of performance. Unlike the Hamburg rules and regulations, the Hague-Visby Rules is not concerned with charter parties whose main concerns and to protect the rights and prescriptions of the cargo owners from restrictions and unnecessary submissions from the ship owners. Under article V of the Hague-Visby Rules, it is not necessary to have rules that apply to the charter parties. The significance of the rules and regulations ensures and requires parties to take concerns over people whose activities involve sea transportation. This is as indicated by Article II of the Hamburg rules and regulations and the Rotterdam Rules. The application of the rules and regulations is not dependent with the issues of the bill of lading as done with Hague-Visby Rules. Moreover, the Hamburg rules applies to goods being imported and exported unlike that applied with the Hague-Visby Rules. Moreover, the Hamburg rules and regulations do not consider parties that have not been chartered
The documentation involving the two rules varies significantly: Hague-Visby Rules are less strict and comprehensive in its documents. They come into full coverage through the bill of lading. Similar documents that are ascribed with the connotations of the bill of lading are taken into consideration by the Hague-Visby Rules. The contract of carriage is covered with the Hague-Visby Rules when all the documents over the properties to be transported have been taken under similar concerns from the bill of lading
According to section 1b of the United Kingdom carriage goods by the Sea Act of 1971, the document in the bill of lading provides for equitable rules and a declaration that applies for all the possible contracts within the Hague-Visby Rules. Unlike with the Hague-Visby rules and regulations, the Hamburg rules are documented. They depend on other documents before making confirmed contracts
. The Hague-Visby Rules considers documented claims and negotiations, most of which have been covered with the bill of wading. The Hamburg rules ensure that it does not respond and consider non-negotiable and way bills since they are not under the rules of the contract, and documents of title. This gives more immunity to the carrier unlike in Hague-Visby rules.
The Hamburg rules are applicatory to the contracts of carriage. They relate with the Rotterdam Rules as much as the applications are consistent with management of goods and services between the ship owners and cargo owners. They do not have any further emphasis on the coverage by the bill of lading as done with the Hague-Visby Rules. Nonetheless, the Hamburg rules consider the bill of lading under facsimile and electronic transmission
. The Hague-Visby Rules is less strict in its coverage of the documents that entail equitable transportation of the goods and services within the organization. In many cases, the rules applied by the Hague-Visby Rules do not have to consider many documents that the bill of lading does cover and insure. Unlike the Hague-Visby rules and regulations, the Hamburg rules are categorical of all procedures that have to be considered for equitable transportation
According to article one of the Hague-Visby Rules, all goods that are under transposition must respect the specifications given by the rules, and as indicated in the bill of wading documentation. Some of…