9780429449635 (electronic book) 0429449631 (electronic book) 9780429831256 (electronic book : Mobipocket) 0429831250 (electronic book : Mobipocket) 9780429831263 (electronic book : EPUB) 0429831269 (electronic book : EPUB) 9780429831270 0429831277
Contemporary Commercial Law Ser.
This book examines third party protection in shipping. Today, shipping is not just a part of the supply chain; it is indistinguishable from it. Once at the periphery, third party protection is now a central element of carriage. This matter is addressed by means of analysis of the current legal framework in relation to third parties and an evaluation of how, within this framework, the law applicable to a third party may be uncovered. Third party protection is analysed under the following: the Hague/Hague-Visby Rules; the Hamburg Rules; the Rotterdam Rules; English law and United States law; and civil law. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in shipping and international trade.
Description based upon print version of record.
Formatted Contents Note
Cover; Half Title; Series Page; Title Page; Copyright Page; Contents; Detailed Table of Contents; Foreword; Acknowledgements; Table of cases; Table of legislation; CHAPTER 1 BACKGROUND OF THIRD PARTY PROTECTION IN SHIPPING; The key point; The outcome thus far; Definition and role of third parties; The carrier and the shipper; The port community system; The law; Book structure; Conclusion; CHAPTER 2 THIRD PARTY PROTECTION IN SHIPPING: RISK ALLOCATION AND MANAGEMENT; Limitation of liability in shipping; Third parties risk; The extension of the protection to third parties Contractual framework to extend the carrier protection to third partiesConclusion; CHAPTER 3 THE FACTUAL CONTEXT OF SHIPPING; Multilateral common enterprise; The shipping context; Globalisation impact; Vertical integration; Horizontal integration; Towards terminalisation; Third parties involved; Terminal operators; Freight forwarders; Non-vessel-operating common carriers; Stevedores; Inland carriers; Conclusion; CHAPTER 4 THIRD PARTY PROTECTION UNDER THE HAGUE/HAGUE-VISBY RULES; The background the Harter Act Third parties in the Hague/Hague-Visby Rules and the COGSA of the United States (1924-1968)Conclusion; CHAPTER 5 THIRD PARTY PROTECTION UNDER THE HAMBURG RULES; The Hamburg Rules and multimodalism; Third party protection and the Hamburg Rules; Conclusion; CHAPTER 6 THIRD PARTY PROTECTION UNDER THE ROTTERDAM RULES; The shadow of multimodalism; Third party protection under the Rotterdam Rules; Issues regarding third party protection; The position of inland carriers; The position of terminal operators; The position of freight forwarders; Conclusion CHAPTER 7 THIRD PARTY PROTECTION UNDER ENGLISH LAWThird party protection and the obstacle of privity and consideration; Bailment; The Elder Dempster case; Agency law; The cases of Scrutton and The Eurymedon; The cases of The Mahkutai and The Pioneer Container; The Contract (Right of Third Parties) Act 1999: protection clauses on a statutory footing; Conclusion; CHAPTER 8 THIRD PARTY PROTECTION UNDER UNITED STATES LAW; Agency and bailment in United States law; Third parties in United States case law prior to Herd & Co; The case of Herd & Co; From Herd & Co. to Kirby The case of Kirby: 'a maritime case about a train wreck'Mazda Motors: the vessel as a third party; Conclusion; CHAPTER 9 REMARKS AND AFTERTHOUGHTS; Remarks; Afterthoughts solutions or new issues?; Risk control: channelling of liability; Risk transfer: multilateral marine insurance; P&I cover; Through transport insurances; The civil law perspective; Index
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OCLC-licensed vendor bibliographic record.