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Vol 22 No 12 Dec 17/Jan 18

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McGregor on Damages

Edited by: James Edelman, Simon Colton, Jason Varuhas
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Carrier's Liability Under the Hague, Hague-Visby and Hamburg Rules

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ISBN13: 9789041116765
ISBN: 9041116761
Published: March 2002
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print

April 2002 - Out Of Print

This volume provides a critical analysis of the carrier's liability under both the Hague/Hague-Visby and Hamburg Rules. It also considers the question of whether or not the Hamburg Rules introduce a different liability regime and materially increase the carrier's liability vis-a-vis the Hague/Hague-Visby Rules.

Focusing on Australian and English jurisprudence, the work demonstrates that, quite contrary to prevailing opinions, the Hamburg Rules do not significantly change the carrier's existing liability. Indeed, in a number of areas, the legal position of the carrier is ameliorated.

On the basis that both international conventions do not differ materially in terms of practical legitimacy, concludes the author, it makes no fundamental difference whatsoever, within the general context of carrier liability, whether one convention or the other is adopted.