نوع مقاله : مقاله پژوهشی
نویسنده
عضو هیات علمی دانشکده حقوق دانشگاه دانشگاه شهید بهشتی
چکیده
کلیدواژهها
عنوان مقاله [English]
In December 2008, the United Nations adopted the Convention on Contractsfor the International Carriage of Goods Wholly or Partly by Sea, known asthe “Rotterdam Rules”. If this Convention becomes universally accepted, thecarrier’s liability will increase, their immunity on the basis of the nauticalfault exception (neglect or fault in the navigation, or management of theship) will be eliminated, and their due diligence obligations will not berestricted to the period before and at the beginning of the voyage, but willalso be an obligation throughout the whole of voyage. Also, by introducingthe idea of a “maritime performing party” in the Convention, the number ofpeople on whom these obligations and liabilities would be imposed will beincreased. In sum, by analysis of the Convention and, in particular ChapterIV which is the main subject of this research, we can conclude and proposeto our domestic legislators that there is a level of balance between theliabilities of the carriers and those of the shippers: Contrary to the previousconventions, the Rotterdam Rules are not merely in favor of the shipper orthe carrier but, in fact, accepting this convention will provide a win-winoutcome for all countries.Keywords:Rotterdam Convention, Liabilities of the carrier, Maritime Act of Iran,Hague Rules, Homburg Convention.
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