Types of Ships and Vessels

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What is the main topic of Chapter One of the Hamburg Rules?

General provisions

What is the definition of a 'carrier' in the Hamburg Rules?

A person that enters into a contract of carriage with a shipper

What is the title of Chapter Three of the Hamburg Rules?

Electronic transport records

Which convention may govern contracts of carriage in addition to the Hamburg Rules?

<p>Convention on the Contract for the International Carriage of Goods by Road</p> Signup and view all the answers

Which chapter of the Hamburg Rules deals with the liability of the carrier for loss, damage or delay?

<p>Chapter Five</p> Signup and view all the answers

What is the title of Chapter Eighteen of the Hamburg Rules?

<p>Final clauses</p> Signup and view all the answers

What is the title of Chapter Seven of the Hamburg Rules?

<p>Obligations of the shipper to the carrier</p> Signup and view all the answers

What is the title of Chapter Two of the Hamburg Rules?

<p>Scope of application</p> Signup and view all the answers

What is the main objective of the Rotterdam Rules?

<p>To unify the rules for international maritime and multimodal carriage of goods</p> Signup and view all the answers

What is the current legal regime governing the international carriage of goods by sea characterized by?

<p>Complexity and a lack of uniformity</p> Signup and view all the answers

Which of the following is NOT one of the international treaties governing international maritime transport?

<p>The Geneva Convention</p> Signup and view all the answers

What is the term used to describe the Rotterdam Rules' approach to governing international carriage of goods?

<p>Maritime-plus</p> Signup and view all the answers

How many articles are included in the Rotterdam Rules?

<p>96</p> Signup and view all the answers

What is the significance of the Rotterdam Rules in terms of the market position of stakeholders?

<p>They will significantly change the market position of stakeholders</p> Signup and view all the answers

What is the name of the protocol that amended the Hague-Visby Rules in some states?

<p>The 1979 Protocol on Special Drawing Rights (SDR)</p> Signup and view all the answers

Which of the following treaties governs international maritime transport?

<p>The Hamburg Rules</p> Signup and view all the answers

Study Notes

Ship Types and Characteristics

  • The Emma Maersk, a cellular container vessel, can transport 15,200 TEU and is the second-largest container vessel in the world.
  • Break-bulk freighters carry loose cargo, are equipped with their own cranes, and are less efficient due to loading and unloading issues.
  • Roro vessels are designed to carry wheeled vehicles, equipped with a ramp, and are commonly used by vehicle manufacturers to transport products globally.

LNG Vessels

  • Liquefied natural gas (LNG) is cooled to -162°C, reducing its volume to 1/600th of its original size.
  • LNG vessels have a maximum size of 965 feet long, 106 feet wide, and 39.5 feet deep.

Crude Oil Tankers

  • Very large crude carriers (VLCC) transport bulk oil between 200,001 and 350,000 dwt.
  • Ultra large crude carriers (ULCC) transport crude oil on long-distance routes, exceeding 350,000 dwt, and require specially constructed terminals.

Specialized Ships

  • Capesize ships are too large to pass through the Suez or Panama canals, require deepwater terminals, and transport bulk commodities like mineral ores.
  • Specialized heavy lift vessels have a flat open deck and heavy lifting capabilities, and can semi-submerge to facilitate loading.

Other Ship Types

  • Oil tankers carry large volumes of crude oil in liquid form, with some vessels having a twin hull to prevent spillages.
  • Cellular container vessels are designed to carry ISO shipping containers, have grown in size and speed, and work to strict schedules.

Dispute Over the Purpose of Words

  • The court ruled that the words were intended to identify the first operation in the series of carriage of goods by sea.
  • In Goodwin, Ferreira v Lamport and Holt, it was held that discharge occurred when all goods had been discharged, and goods discharged in fact were not discharged in law until the entire cargo joined them on solid ground.

Article IV of the Hamburg Rules

  • The carrier's responsibility covers the period during which the carrier is in charge of the goods at the port of loading, during the carriage, and at the port of discharge.
  • The carrier is deemed to be in charge of the goods from the time they have taken over the goods from the sender until they are regarded by the destination port as out of port and in storage, warehouse, or onward transit.

Basis of Liability

  • Three main ways of breaching a contract for the carriage of goods by sea:
    • Losing or damaging goods
    • Delivering goods short of their destination
    • Delay in carriage
  • Unnecessary exception and absence of stipulation on loss caused by delay in Hague/Visby Rules

The Rotterdam Rules

  • Signed on September 23, 2009, by 16 countries
  • Designed to legislate for international maritime carriage of goods and international multimodal carriage of goods where a maritime leg is provided for in the contract of carriage
  • A "maritime plus" instrument
  • If entered into force, the Convention will significantly change the market position of maritime stakeholders, including shippers, carriers, freight forwarders, and marine insurers

Key Provisions of the Rotterdam Rules

  • Scope of application of the Rules
  • Freedom of contract
  • Rights and obligations of the contracting parties
  • Transport documents
  • Limitation of actions
  • Jurisdiction and arbitration
  • The most important innovations and most controversial points in the Rules
  • Characterized by complexity and lack of uniformity
  • Three separate international treaties govern international maritime transport:
    • The Hague Rules
    • The Hague-Visby Rules
    • The Hamburg Rules

Structure of the Rotterdam Rules

  • Divided into 18 chapters, covering:
    • General provisions
    • Scope of application
    • Electronic transport records
    • Obligations of the carrier
    • Liability of the carrier for loss, damage, or delay
    • Additional provisions relating to particular stages of carriage
    • Obligations of the shipper to the carrier
    • Transport documents and electronic transport records
    • Delivery of the goods
    • Rights of the controlling party
    • Transfer of rights
    • Limits of liability
    • Time for suit
    • Jurisdiction
    • Arbitration
    • Validity of contractual terms
    • Matters not governed by this Convention
    • Final clauses

General Provisions

  • Definitions of basic terms used in the new Convention
  • "Contract of carriage" is defined as a contract whereby the carrier undertakes to carry goods from one place to another against payment of freight
  • "Carrier" is defined as a person that enters into a contract of carriage with a shipper

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