A legal examination of the concept of carriers liability in international carriage of goods by sea. The case of kenya.

Abstract

In a world comprising cargo owning nations, and ship owning nations, and where most nations are both, there is a continual balancing of risk allocation concerning the damage or loss of sea-borne cargo. Therefore, on the fields of international trade and business law, the international law community such as united nation has sought uniformity and harmonization on cargo liability that would equitably address the often-conflicting interests of shippers and carriers. Historically, there have been several well known attempts at establishing uniform international law in this field, including: the Hague Rules (1924); the Hague/Visby Rules (1968); the Hamburg Rules (1978); and so forth. However, it is not likely to be resolved with all parties satisfied. During the 1970's pressure mounted from developing countries and maJor shipper nations for a full re-examination of cargo liability regimes in HagueVisby Rules. The Hamburg Rules establishes a relative uniform legal regime governing the rights and obligations of shippers, carriers and consignees under a contract of carriage of goods by sea. It was prepared at the request of developing countries, and its adoption by States has been endorsed by such intergovernmental organizations as the United Nations Conference on Trade and Development (UNCTAD), the Organization of American States (OAS) and the Asian-African Legal Consultative Committee (MLCO). A draft of the Convention was prepared by UNCITRAL and finalized and adopted by a diplomatic conference on 31 March 1978. There are many countries incorporating the Hamburg Rules into their national law in search for better protection for the goods owner. However, it remains the least applicable law with regard to this area of law to date.