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The Rotterdam Rules in harmonising the law of international carriage of goods by sea : a study of the perspectives of shipping companies, marine insurance companies and P&I Clubs.

Tseng, Chien-Jui C. (2016) The Rotterdam Rules in harmonising the law of international carriage of goods by sea : a study of the perspectives of shipping companies, marine insurance companies and P&I Clubs. Doctoral thesis, University of Surrey.

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Abstract

The Rotterdam Rules (RRs) have been recently introduced to replace previous Sea Conventions in an attempt to modernise, enhance legal certainty and to better harmonise the law in international carriage of goods by sea. The new provisions of the RRs covering container transport and seeking to redress the balance between carriers and shippers have been subject to criticism. The objective of this thesis is to investigate the effectiveness of the RRs liability regime in achieving their goals by comparing it with previous Sea Conventions. To satisfy this goal, the focus is to ascertain the impact of the RRs by examining the perceptions and voluntary adoption of the regime by private actors including shipping, marine insurance companies and P&I Clubs. As the RRs have yet to receive the requisite number of ratifications to come into legal force, these views are of particular importance. The theory of transnational governance, which highlights the shift in regulatory power from national governments to private actors is analysed, as arguably it is reflected in the promotion of this International Convention to encourage international trade. The views of private and non-private actors accordingly have a significant bearing on the ability of the RRs to contribute to the goals of harmonisation and certainty in the field of commercial law. The research finds some tension between the certainty provided by the current regime and the lack of clarity regarding how the RRs may work in practice. Thus, the potential costs of adopting the new regime are likely to be considered greater than the prospective benefits. Based on the analysis of private actors’ perceptions of the RRs, the thesis therefore concludes that the degree of certainty provided by the existing regime hinders increased harmonisation through the adoption of the RRs. Greater awareness and involvement on the part of the private actors is required to drive legal harmonisation both in this context, and more generally in the area of transnational governance.

Item Type: Thesis (Doctoral)
Subjects : Law;International Carriage of Goods by Sea
Divisions : Theses
Authors :
NameEmailORCID
Tseng, Chien-Jui C.cynthia2729@hotmail.comUNSPECIFIED
Date : 31 October 2016
Funders : Self-funded
Contributors :
ContributionNameEmailORCID
http://www.loc.gov/loc.terms/relators/THSCarr, Indirai.carr@surrey.ac.ukUNSPECIFIED
http://www.loc.gov/loc.terms/relators/THSDu, Mingm.du@surrey.ac.ukUNSPECIFIED
Depositing User : Chien-Jui Tseng
Date Deposited : 03 Nov 2016 08:48
Last Modified : 17 May 2017 14:26
URI: http://epubs.surrey.ac.uk/id/eprint/812339

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