The Long Awaited Rescue For International Trade - 3212 Words

DISSERTATION UNITED NATIONS CONVENTION ON CONTRACTS FOR INTERNATIONAL CARRIAGE OF GOODS WHOLLY OR PARTLY BY SEA (ROTTERDAM RULES) – THE LONG AWAITED RESCUE FOR INTERNATIONAL TRADE OR ANOTHER WASTED ATTEMPT? CHAPTER I INTRODUCTION 1.1 THE NECESSITY TO MODERNISE THE TRADE LAW At the time of writing the international trade or to be more precise, international carriage of goods by sea is governed mainly either by already existing international regimes known as Hague, Hague – Visby and Hamburg Rules or the national regimes which are evolved as hybrids of the aforementioned Conventions. The current number of different ways to regulate one and the same field – international transit by sea – without a doubt is too big to ensure the unify†¦show more content†¦International community admits that frequently - shipper is the one less powerful contracting party and absolute freedom of contract would result in unfair and imbalance outcome. It would not be a big mistake to amount shipper and carrier relationships to the ones of consumer and seller respectively. Therefore, international instrument is an essential condition to ensure a fair balance between bargaining parties as well as to encourage the development of international commerce. Moreover, the cost of diversity in legal regimes end up with years of expensive and complex international litigation between contracting parties who are established under the different legal regimes. Consequently prolonged litigation creates a number of obstacles for international trade which respectively impede an expansion of international trade. Since the international community is well aware of these underlying issues the work towards global harmonisation was carried constantly. Proceedings have not been stopped after the success of Hague Rules. Four decades later the amendments to Hague Rules have been produced and as well as its predecessor, the protocol of Hague-Visby Rules been widely accepted. However, international trade evermore been and still is a rapidly evolving area. Especially over the last century, maritime trade has experienced a sharp increase in a number of breakthroughs/innovations designated to serve the international trade. Moreover,