1982: Conference Proceedings
Articles

Transport by Sea and Air: Are the Legal Regimes Converging?

Publicado 1982-07-04

Palavras-chave

  • carriage of goods by sea,
  • carriage of goods by air,
  • Chicago Convention on International Civil Aviation 1944,
  • 1958 Geneva Convention on the High Seas ,
  • ship registration,
  • exclusive economic zone,
  • flag of convenience,
  • territorial sea,
  • Hague Rules 1924,
  • Hague-Visby Rules,
  • Hamburg Rules,
  • Convention for the Unification of Certain Rules relating to International Carriage by Air 1929,
  • Protocol to the Warsaw Convention 1955,
  • Montreal Additional Protocols 1975,
  • carrier liability,
  • limitation of liability,
  • Special Drawing Rights,
  • UN Convention on a Code of Conduct for Liner Conferences
  • ...Mais
    Menos

Resumo

O'Keefe's paper considers the possible ways in which transport by sea and air will be altered by proposed changes to the legal regimes, how this will come about, and ways to avoid untoward consequences. The paper begins by examining the nature of State control over both aircraft and sea-going vessels, by either registration or through the exercise of State sovereignty over its territory. Other topics in the paper include the present and future state of carrier liability under the relevant conventions, and the nature of government regulation over both transport by sea and transport by air. The paper concludes that, while the legal regime for air transport has remained fairly constant, the legal regime for transport by sea is becoming more restrictive for political as well as organisational reasons.