The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea
The international carriage of goods by sea has been regulated by international conventions. These include the “International Convention for the Unification of Certain Rules of Law relating to Bills of Lading” (“Hague Rules”); the “Protocol to A
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¨ zbek Meltem Deniz Gu¨ner-O Editor
The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea An Appraisal of the “Rotterdam Rules”
Editor ¨ zbek Dr. Meltem Deniz Gu¨ner-O Koc¸ University, School of Law Rumeli Feneri Yolu 34450 Sanyer-Istanbul, Turkey [email protected]
Koc¸ University Faculty of Law Dr. Nu¨sret-Semahat Arsel International Business Law Implementation and Research Center ISBN 978-3-642-19649-2 e-ISBN 978-3-642-19650-8 DOI 10.1007/978-3-642-19650-8 Springer Heidelberg Dordrecht London New York Library of Congress Control Number: 2011930789 # Springer-Verlag Berlin Heidelberg 2011 This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilm or in any other way, and storage in data banks. Duplication of this publication or parts thereof is permitted only under the provisions of the German Copyright Law of September 9, 1965, in its current version, and permission for use must always be obtained from Springer. Violations are liable to prosecution under the German Copyright Law. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Foreword
At the beginning of 2010, the Koc¸ University Law School’s Dr. Nu¨sret – Semahat Arsel International Business Law Implementation and Research Center decided to organize an international conference in order to thoroughly discuss the “UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea”, also known as the “Rotterdam Rules”. On 11 December 2008, the United Nations General Assembly adopted the Rotterdam Rules and authorized a signing ceremony for the Convention, which took place in Rotterdam on 23 September 2009. The intention in adopting the Rotterdam Rules was to replace the outdated Hague / Hague-Visby Rules, which were considered inadequate for fulfilling the needs of modern trade, and the Hamburg Rules, which have proved unpopular with maritime nations. Significantly, the Rotterdam Rules embody contemporary and uniform regulations for modern door-to-door container shipping and include innovations that the current international shipping regime lack. However it should also be acknowledged that the Convention has been subject to criticism with regard to certain issues. In this regard, the aforementioned international conference was hosted by the Dr. Nu¨sret – Semahat Arsel International Business Law Implementation and Research Center on 6–7 May 2010. The Research Center has also decided to publish the papers delivered at the Conference as a book, in order to make them available to legal cir
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