Le concept du contrat du transport maritime de marchandises et les Conventions qui le rglementent

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Somalian Piracy constitutes one of the main threats not only to internAlthough the contract of carriage sometimes looks similar to other contracts such as the contract of affreightment and tonnage contract, the legal system that governs it is different. Several Conventions, Protocols or International Rules regulate the carriage of goods. We can mention the American Harter Act, the International Convention for the Unification of Certain Rules Relating to Bills of Lading signed at Brussels on 25 August 1924 (The Hague Rules), the Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading signed at Brussels on 23 February 1968 (Visby Rules), the Protocol amending the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading of 25 August 1924 (The Hague Rules), as amended by the Protocol of 23 February 1968, signed at Brussels on December 21st, 1979. We can also mention the United Nations International Convention on the Carriage of Goods by Sea adopted in Hamburg on March 31st, 1978 (Hamburg Rules). In an effort to organize the maritime transport of goods in an equitable manner, each Convention is intended to fill the gaps of the previous one and maintain a balance between the various parties to the contract of carriage. At the beginning of the century, each mode of international carriage continues to be governed by autonomous Rules. For the sake of globalization of trade and trade facilitation, jurists acted for the unification of the rules of international carriage. Thus, the United Nations Commission on International Trade Law (UNCITRAL) adopted on July 3rd, 2008, the "Draft of Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea". On December 11, 2008, the United Nations General Assembly formally adopted the "the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea", and recommended that the rules laid down in the Convention are from now on known as the "Rules of Rotterdam". This Convention has since then been open to ratification by the states. It shall enter into force one year after the ratification meeting at least twenty states. These Rules have advantages, but they also have some disadvantages. A study of these advantages and disadvantages is interesting.: Piracy, international legal system, International Law, sovereign territory, non-liquet, UN resolutions, Universal Jurisdiction, United Nations Charter, Non-State Actor