The Defences and Limits of Liability Available to the Carrier under the Hague Rules as Extended by the Visby Rules to the Carriers Servants and Agents with Reference to Relevant Provisions of the UNCITRAL Draft Convention

Résumé

J.F. Emmott's article delves into the different rules contained in the proposed Article IV bis, as provided for in the 1968 Visby (Brussels) Protocol. There is a focus on the proposed defences against liability for carriers' servants and agents, and not merely the carrier themselves, alongside the history behind this change (Article IV bis, Rule 2). Emmott also examines similar provisions to those in Article IV bis, as laid out in the UNCITRAL Draft Convention, and the differences between them.