Abstract

The legal system of the liability of the carrier, in respect of the carriage of goods by sea, is a most controversial issue which raises many difficulties in solving the problems, whether in the International Convention or in National Laws, of the contracting parties or non-contracting parties. The Iraqi draftsman endeavoured to unify all the rules governing the transportation in uniform text by issuing the Iraqi Transport Law. l We have to point out, therefore, that the general principles of the Iraqi Transport Law in fact apply to all types of carriage having regard to particular circumstances of a particular sort of transport, by providing a separate provision for transport by air, road, and sea. Article [3] of the Iraqi Transport Law2 makes this quite clear by providing:

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