The Future Direction of Carriage of Goods: Uniformity, Harmonization and e-Compatibility

Abstract

This paper was presented as part of Business Session 6, titled 'Emerging Regulatory and Liability Issues', which was chaired by Frazer Hunt. The first page of the paper contains a short biography of the author.

The author provides the following abstract for his paper:

The future of carriage of goods by sea is set fair towards the 'promised land' of uniformity, harmonization, e-compatibility. The present bleak and stormy picture of increasing fragmentation, geo-political division and e-uncertainty, has been salvaged by the recent co-operation of CMI and UNCITRAL. With a following wind, and delegates from all nations pulling in unison, the ship may avoid the rocks and reach its intended destination in the next few years. If so, this will represent a dramatic achievement and result in a boost to world trade.

This paper seeks to:

I. Outline the history of carriers' liability and the various régimes of the Hague Rules, the Hague -Visby Rules and the Hamburg Rules.
II. Explain the proposals in the Draft Instrument being prepared by CMI for presentation to UNCITRAL.
III. Set out the role of electronic communications and e-commerce in the field of the carriage of goods.
IV. Address the issue of multi-modal transport and the responses to the development of multi-modal bills of lading and Conventions.