Shipper-Carrier Obligations- International Laws and Agreement

“Critically evaluate the extent of the obligations of the
carrier arising from the contract of carriage of goods by the
sea at common law and other relevant international
agreements”

Table of Contents
INTRODUCTION.......................................................................................................................................3
THE OBLIGATIONS OF THE SHIPPER AND CARRIER.......................................................................3
RELEVANT INTERNATIONAL LAWS & AGREEMENTS...................................................................5
CONCLUSION...........................................................................................................................................7

INTRODUCTION
For trading across all the countries of the world, an important mode of transportation is the goods
transportation through the sea, because of way of carrying out at low cost, a large amount of
cargo. It has become the most convenient way of transportation for many countries. the goods
transportation through sea occurs where an exporter by virtue of his contract of sale with a buyer
who is overseas, manage the transport of the goods bought buy the buyer through sea to a
particular destination overseas and by so doing needs to enter into “a contract of carriage with a
shipowner” who will thereon undertake and agree to carry the goods in his ship from the
exporter’s point of origin to the overseas port of destination.1 The carrying of goods through sea
in its early history used to have oral agreements for the contract of carriage that were done
between the cargo owner and the ship-owner. These agreements of carriage used to include the
principal rules of countries and maritime laws that put the responsibility on the carriers for
ensuring arrival of carriage safely. Since the majority of world trade involves maritime transit,
the transport of goods through sea is the oldest form of international trade. Legally, Maritime
trade is a regulation of the law of maritime known as the law of the shipping.2 The law of
shipping has its roots in the English common law generally and commercial law especially,
international conventions and trade customs, today governs essential elements of the goods
transportation through sea international. Rules are prescribed from these sources for certain kinds
of carriage or charter ranging from different kinds of the charter to consignment transport, for
instance, transport under a bill of lading or transport in containers). They also regulate specific
aspects of maritime contracts, from loading to storage, conducting the voyage and unloading and
handing over the carriage to the cargo owner.3
THE OBLIGATIONS OF THE SHIPPER AND CARRIER
Many conventions are there dealing with the obligations of the carrier in the transport of goods
internationally. However, this essay will only evaluate the obligations of the carrier under the
CMR, HVR and RR Conventions. Under the conventions on the goods transport internationally,
1 Holloway, D., Murray, C., Timson-Hunt, D. and Dixon, G., 2012. Schmitthoff: The Law and Practice of
International Trade. Sweet & Maxwell
2 Atiyah, P.S., Atiyah, P.S., Adams, J. and MacQueen, H.L., 2010. Atiyah's sale of goods. Pearson
education.
3 Butler, N., 2014. Jason Chuah, Law of International Trade: Cross-Border Commercial Transactions. The
Law Teacher, 48(2), pp.219-221.