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The right of control in carriage of goods by sea

The right of control in carriage of goods by sea
The right of control in carriage of goods by sea
In current Conventions on the carriage of goods by sea, there is no legal concept of right of control. The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (“Rotterdam Rules”) has for the first time adopted the concept of the right of control for carriage of goods by sea. However, it is argued that, although there is an analogous right of disposal in non-sea carriage and a right of stoppage in sale of goods, the right of control in the Rotterdam Rules as an assembly of those rights is not an appropriate concept for carriage of goods by sea. By contrast, the approach of legislation on control of goods in the US Uniform Commercial Code (“UCC”) is more feasible for carriage of goods by sea .
0306-2945
393-414
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda

Zhao, Liang (2014) The right of control in carriage of goods by sea. Lloyd's Maritime & Commercial Law Quarterly, 2014, 393-414, [345118].

Record type: Article

Abstract

In current Conventions on the carriage of goods by sea, there is no legal concept of right of control. The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (“Rotterdam Rules”) has for the first time adopted the concept of the right of control for carriage of goods by sea. However, it is argued that, although there is an analogous right of disposal in non-sea carriage and a right of stoppage in sale of goods, the right of control in the Rotterdam Rules as an assembly of those rights is not an appropriate concept for carriage of goods by sea. By contrast, the approach of legislation on control of goods in the US Uniform Commercial Code (“UCC”) is more feasible for carriage of goods by sea .

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Published date: 2014

Identifiers

Local EPrints ID: 437551
URI: http://eprints.soton.ac.uk/id/eprint/437551
ISSN: 0306-2945
PURE UUID: 89dca1bb-42cd-4404-881f-08080ae6c55e
ORCID for Liang Zhao: ORCID iD orcid.org/0000-0003-1299-1000

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Date deposited: 05 Feb 2020 17:30
Last modified: 17 Mar 2024 04:01

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