AN ANALYSIS OF LIABILITY RULES IN INTERNATIONAL CARRIAGE OF GOODS BY SEA

ABSTRACT

Carriage of goods by sea has for a long period sufficed as a very important and popularly used mode of maritime transportation especially with bulk cargo. This is due to its suitability to almost all kinds of cargo, coupled with the fact that there exist international conventions such as the Hague-Visby, Hamburg and Rotterdam Rules as well as the CEMAC Shipping code which help to shape the affairs of the carriage. These beautiful attributes notwithstanding, there are question marks as per their applicability, enforceability and adequacy. These problems have therefore triggered the imperativeness of this research. There is therefore an imperative question: on what bases the liability of carriers under international carriage of goods by sea been founded? This then revolves around the basis of carriers liability in international carriage of goods by sea as main objective. In an attempt to answer the above question, the research methodology used for this study is the qualitative methodology which is purely doctrinal in nature which makes use primary and secondary sources of data such as; The CEMAC Shipping Code, The Hague-Visby Rules, Hamburg Rules and Rotterdam Rules. Findings reveal that there is a divergence between the various conventions as regards some liability Rules with the newest of these conventions (Rotterdam Rules, 2009) yet to come into effect because of not-ratification by a sufficient number of countries. It is therefore recommended that, there is need to hasten the coming into force of the Rotterdam Rules which appear most soothing to contemporary trade as well as the establishment of a universally binding arbitration litigation forum so as to cub forum shopping