Identification of the parties under the Rotterdam Rules

Abstract

The Rotterdam Rules were created to provide uniformity, modernise the law governing the international carriage of goods wholly or party by sea and answer the industry’s needs. As international carriage of goods by sea no longer simply involves the shipper and the carrier, the Rotterdam Rules furthermore focus on the other actors involved in the carriage process either by the carrier, such as maritime performing parties, or the shipper such as the consignee. In addition to regulating the rights, obligations and liabilities of the carrier and the shipper, the Rotterdam Rules also contain provisions related to the obligations and liabilities of the maritime performing parties, and the rights, obligations and liabilities of the documentary shipper and the consignee. Therefore the binding character of the new Convention will be broader and if it enters into force the issue of identification will arise regarding to the parties included its scope.

For the purpose of this thesis, the word “parties” refers to the carrier (Article 1(5)), maritime performing party (Article 1(7)), shipper/documentary shipper (Articles 1(8)-1(9)) and consignee (Article 1(11). And, the main objective of this thesis is to analyse how these parties will be identified under the Rotterdam Rules when the applicable law is English law. The Convention includes provisions on the definition of these parties and provides specific provisions related to identification of some of these parties. To shed some light on the issue of identification of the parties, the thesis comprehensively examines these provisions with the aid of applicable law.

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