Rotterdam Rules Research Articles

Improving Vietnam’s law on contracts for international carriage of goods by sea: a comparative analysis with international conventions

ABSTRACT This paper critically examines the Vietnamese legal framework governing contracts for the international carriage of goods by sea, particularly in comparison to international conventions such as the Hague-Visby Rules, Hamburg Rules, and Rotterdam Rules. Despite its strategic maritime importance and extensive coastline, Vietnam has not fully aligned its maritime transport laws with these international standards. Through a detailed comparative analysis, the paper identifies key shortcomings in Vietnamese law, particularly in areas such as carrier liability, limitation periods for legal actions, and the adoption of electronic transport documents. The paper proposes specific legal reforms to enhance Vietnam's maritime legal system, making it more consistent with international norms and better suited to the nation's economic conditions. By adopting these recommendations, Vietnam can improve its maritime legal framework, fostering greater integration into the global marine economy and better protecting the rights and interests of all parties involved in maritime transport.

Improvement of the Carrier Delivery Rules in China's Maritime Law from an International Perspective

This paper examines the impact of carrier delivery rules on China's Maritime Law in the context of international maritime cargo transportation. It identifies significant issues such as the imbalance of interests between carriers and consignees, the challenges in carrier identification, and the inconsistencies in the duration of carrier responsibilities. Drawing on international conventions such as the Hague Rules, Hamburg Rules, and Rotterdam Rules, this study provides comprehensive recommendations for refining China's Maritime Law. Key proposals include improving the legal definitions and criteria for carrier identification, harmonizing liability periods for container and non-container cargo, and strengthening the fulfillment of carrier obligations through robust inspection and supervision mechanisms. These improvements aim to align China's Maritime Law with international standards, enhance the efficiency and reliability of maritime transport, and support the sustainable growth of China's maritime industry. The findings underscore the necessity for ongoing legal reforms to maintain China's competitive edge in global maritime trade.

Impact of the Rotterdam Rules on the Legislation on Electronic Bill of Lading

Impact of the Rotterdam Rules on the Legislation on Electronic Bill of Lading

A comparison study of liability of the carrier in the International Conventions on the Carriage of Goods By Sea

The introduction of the four conventions, namely the Hague Rules, Hague Visby Rules, Hamburg Rules, and Rotterdam Rules is to establish a uniform and harmonized regime governing the international carriage of goods by sea. The rules on the carrier’s liability are the central issues of these conventions which directly connect to the allocation of risks between the carrier and cargo interests. However, the solutions adopted in these Conventions are not likely to satisfy all parties in the international marine community and have faced various criticisms. This research will look at the liability of the carrier regime under these four Conventions. It will examine, by comparative analytical method, the regulation of carrier’s liability in the four Conventions and the similarities and differences between them. It concludes among other things that the Rotterdam Rules deal with the liability of carrier rules better than the older conventions.

Delay in Delivery of Goods under the Contract of Carriage by Sea in the Vietnam Maritime Code 2015: A Comparative Approach

Delivery of the goods is the carrier’s obligation under a contract for the carriage of goods by sea, which is stipulated in international conventions and national laws. Delay in delivery of goods could lead to disputes between the carriers and cargo interests if the carriers’ liability is not regulated explicitly by the laws and the contract. This paper concentrates on analyzing the regulations of delay in delivery of goods and the carrier’s liability in the Vietnam Maritime Code 2015, compared with the Hamburg Rules 1978, the Rotterdam Rules 2008, and the China Maritime Code 1992, finding the shortcomings of these regulations in the Vietnam Maritime Code 2015, and suggesting the proper amendments. The article employs the applied legal research method and the comparative legal research method to examine: i) the definition of delay in delivery of goods; ii) the liability of the carrier and the limitation of liability for the delay in delivery; iii) notice of loss resulting from delay in delivery. Based on the results of the examination, the article presents the shortcomings of the particular regulations in terms of these matters in the Vietnam Maritime Code 2015, suggests five amendments, and supports Vietnam in ratifying the Rotterdam Rules 2008.

Implementation of the Electronic Bill of Lading: International Experience. Part I

The paper is devoted to a comparative analysis of attempts to simulate the functions of a bill of lading issued on paper in a virtual environment. The paper emphasizes that the use of the paper form of the bill of lading constrains the potential of maritime transportation and levels the successes achieved by technological progress in maritime trade. The paper emphasizes that the use of the paper form of the bill of lading constrains the potential of maritime transportation and levels the successes achieved by technological progress in maritime trade. The author considers attempts aimed at creating a functional equivalence of the bill of lading based on the creation of so-called club systems in which the legal force of the bill of lading is backed by contractual ties: SeaDocs, Bolero, essDOCS. The reasons why none of the club systems has been able to fully simulate the functional equivalence of a bill of lading issued on paper are revealed. The author highlights attempts to introduce an electronic bill of lading based on the unification of international law. For this purpose, the author studies the Rules for Electronic Bills of Lading developed by the International Maritime Committee (CMI), the Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules), as well as the Model Law on Electronic Transferable Records approved by UNCITRAL (MLETR). The possibility of giving an equivalent legal status to a bill of lading in electronic form in national legal systems is analyzed. It is noted that this possibility is not recognized by most national legal systems, which leaves open the question of recognizing an electronic bill of lading issued in other jurisdictions. The exception is the legislation of Australia, the USA and the Republic of Korea, the provisions whereof are subject to such comparative analysis.

The Liability of the Maritime Carrier for Delay in the Delivery of Goods and Its Calculation Criteria in Iranian Maritime Law, the Hague, Hamburg, and Rotterdam Conventions

The obligations of the maritime carrier and, subsequently, their liabilities are framed within the contract of carriage of goods. Maritime transport of goods under international law is regulated by the provisions of three major conventions: the Hague-Visby Rules of 1924, the Hamburg Rules of 1987, and the recently adopted Rotterdam Rules of 2008. Therefore, different countries, depending on which of these conventions they have acceded to or incorporated into their domestic law, may have different standards for calculating damages. The calculation criteria for damages in the Hague Convention and its Visby Protocol differ from those in the Hamburg and Rotterdam Conventions. This research was conducted using a descriptive-analytical method. The calculation criterion refers to the amount of goods on which the damage is calculated and paid to the owner of the goods. The issue of delay in the delivery of goods, similar to the loss or damage of goods, is addressed in the Rotterdam Convention, which has provisions regarding delays in delivery. The Maritime Law (and the Hague Rules) does not refer to the extent of the carrier’s liability for damages caused by willful misconduct or gross negligence. The Hague Rules only consider two categories of compensable damages—loss (total loss) and damage—while they remain silent on economic losses resulting from delays in timely delivery.

Indicators and Manifestations of the Balancing between International Carriage Parties according to the Rotterdam Rules

The regulations and rules governing maritime transport were not uniform among countries. Such uniformity is due to a failure to accede to a single convention. Countries were either acceded to or withdrawn from the Brussels Convention, and acceded instead to the Hamburg Convention, and so on. As a consequence, international maritime transport provisions no longer have the status of legal unification, making international commercial transactions unstable, in addition to the development in international trade and maritime transport in particular, such as reliance on containerized transport, use of technology in Multimodal transportation and consideration of door-to-door transport as a phase of maritime transport. In response, the United Nations Commission on International Trade Law (UNCITRAL) undertook to prepare a new draft convention on contracts for the international carriage of goods wholly or partly by sea ("Rotterdam Rules"), which was adopted on 11 December 2008. The texts of that Convention are international substantive rules concluded within the framework of an international organization (United Nations), representing a binding and acceptable global regulation, which contain solutions compatible with the relevant international treaties and a balance of the responsibilities and obligations of all parties (carrier and shipper) engaged in the international carriage of goods and associated third parties, And this balance was brought by the rules with many indicators in their rulings that indicated it which govern all different modes of transport as one contract. This is what the study deals with by presentation and analysis, leading to the confirmed results.

Engineering Game Theory Towards Energy Transition Using Shariah Jurisprudence Developmental Framework Based on Ethical Decision-Making

Green hydrogen is a technological product of philosophy from environmental impact assessment. The paradigm shift to renewables is a form of energy transition to target carbon emission reduction of greenhouse gases. Sustainable development is a monetary framework of business innovation of goods and services. However, there are apparent limitations on electricity production, hence, issues can be raised concerning energy laws of business transactions pertaining to services. This paper is designed to address problems on commercial laws and illustrate game theory modellings of ethical decision-making and shariah jurisprudence method towards interpretation of statutory laws for renewable energies and thus, develop an equation for elucidation of its economic impacts along with 2050 planning of storage capacity for renewable power percentage of energy transition. Hamburg to Rotterdam Rules are legal instruments of business transactions pertaining to transportation laws of goods under agreements. Meanwhile, statutory interpretation serves as an illustration of legislative framework formulated for public welfare and safety, in harmony with constitutional laws. Electricity regulations are statutory laws for reflexive judgement of energy equation concerning economics based on game theory. Therefore, the energy transition in alignment with Renewable Energy (Electricity) Bill 2000 (Cth) is predicted to meet the 2050 plan of zero emission target.

Engineering Game Theory of Green Hydrogen towards Energy Transition using Shariah Jurisprudence Developmental Framework based on Ethical Decision-making from Philosophy of Technology

Purpose: This paper is designed to address problems on commercial laws and illustrate sustainable development modellings of ethical decision-making and shariah jurisprudence method to interpret the statutory laws for renewable energies and develop an equation for exhibition of its economic impacts along with the 2050 planning of storage capacity for renewable power percentage of energy transition in relation to service of electricity demands.
 Methodology: Hamburg to Rotterdam Rules are legal instruments of commercial transactions pertaining to transportation laws of goods under agreements. Meanwhile, statutory interpretation serves as an illustration of legislative framework formulated for public welfare and safety, in harmony with constitutional laws. Electricity regulations are statutory laws for reflexive judgement of the laws of thermodynamics pertaining to mass conservation, momentum theorem, and energy equation concerning economics of the business environment.
 Findings: Green hydrogen is a technical product of concession for renewable energies. The paradigm shift to solar power is a form of energy transition to target carbon emission towards zero level through reduction of greenhouse gases. Sustainable development is a monetary framework of business innovations and marketing of goods and services. However, there are apparent limitations on these contract laws, hence, issues can be raised concerning environmental laws of business transactions pertaining to technological services.
 Recommendation: If green economy is the 2050 plan of energy transition, the pressure relative to viscosity of hydrogen power of solar energy must be developed congruent to Ideal Gas Law, exhibiting relativity to Euler and Lorenz number in connection with thermal conductivity and its resistance akin to viscosity. 

Development of Rotterdam Rules for Harmonisation of Legal Instruments based on Economic and Political Conditions of UNIDROIT for Renewable Energies of Carbon Emissions

Purpose: Commercial transactions have binding obligatory and regulations that are restricted within a particular jurisdiction. However, the bill of lading for international carriage of goods must be performed and exercised resulting to extension of executory principles based on International Commercial Contracts (UNIDROIT) with a particular focus of interest on renewable energies for corporate economic goals towards sustainable development. This paper aims to develop statutory interpretation, based on Rotterdam Rules, to show the relationship between waste to energy technology and sustainable development. This helps in illustrating environmental tax for carbon emissions of energy management based on life cycle of drugs.
 Methodology: Life cycle of drugs involves contractual agreements pertaining to sustainable development and waste to energy technologies. Its carbon emissions must be properly controlled and diverted to renewable energies in order to fulfill the economic success and political safety of sustainable development. The carriage of goods by sea involves legal instruments, such as Hamburg, Hague, and Hague-Visby Rules under principles of International Commercial Contracts (UNIDROIT). Rotterdam Rules covers a broader spectrum and more substantial elements of regulatory functions encompassing Hague, Hague-Visby, and Hamburg Rules.
 Findings: Development of carbon tax is a statutory interpretation for economic success of the company towards philanthropic sustainable development in relation to public interests of human rights. Rotterdam Rules developed a means to enforce the substantial elements for validity of Hague, Hague-Visby, and Hamburg Rules in terms of carbon emissions for renewable energies based on sustainable development goals. Hence, the waste to energy technology provided a means of interpreting their economic progress in relation to law of the environment comparable to another jurisdiction.
 Recommendation: In order to achieve economic and political stability, there must be a functional equivalence between waste to energy technology and sustainable development, hence, carbon emissions from commercial transactions of International Carriage of Goods must not serve as an impediment to economic success based on laws of the company and the environment, thus, it must fulfill the goals of political sustainable development resulting to renewable energies.

The Right to Control The Goods In UAE Law and Rotterdam Rules

يناقش هذا البحث حق السيطرة وفقاً لقواعد روتردام، والقانون التجاري البحري الإماراتي رقم (26) لسنة 1981م، حق المرسل والمرسل إليه في إصدار تعليمات للناقل بشأن البضائع، وقد قسمت الموضوع إلى مبحثين، المبحث الأول بعنوان ماهية حق السيطرة للبضائع المنقولة بحراً، وأما المبحث الثاني فيتناول حقوق والتزامات الطرف المسيطر على البضائع المنقولة بحراً.
 وقد خلصت الدراسة إلى العديد من النتائج والتوصيات منها: أن حق المرسل في توجيه البضائع والتصرف فيها أثناء الرحلة البحرية، لا يكون مرتبطاً بحق الملكية الوارد على البضاعة؛ بسبب استقلالهما، فالملكية تنتقل أثناء عملية النقل وفقاً للقواعد العامة، ولا يتدخل الناقل في ذلك، سوى ما يتعلق بالمرسل إليه نتيجة انتقال الملكية، أما الحق في السيطرة فهو عبارة عن الحق في تغيير خط سير البضائع.
 كما توصلت الدراسة إلى أن المشرع الإماراتي لم ينظم حق السيطرة بشكل دقيق كما هو الحال بالنسبة لاتفاقية روتردام، وترتيباً على ذلك نقترح عليه النص على ذلك الحق بشكل صريح وتنظيمه نظراً لأهميته.

Engineering Game Theory of Green Hydrogen towards Energy Transition using Shariah Jurisprudence Developmental Framework based on Ethical Decision-Making from Philosophy of Technology

Green hydrogen is a production of business philosophy inclined to promote renewable energies. Its paradigm shift works on targeting the absence of carbon emissions leading to compliance of the first law of thermodynamics since the financial intelligence of business industries is designed to maintain the abundance of natural resources through economical means. Sustainable development is the result of business growth innovations based on environmental impact assessments concerning marketing of goods and services. However, there are observed restrictions on these contract laws of business transactions, thus, problems can be raised pertaining to monetary intelligence of environmental laws. This paper is designed to address issues on energy transition and elucidate the equation development of statutory interpretation and its gaps to environmental laws and electricity regulations using game theory modelling of shariah jurisprudence method resulting to question development of services, particularly, the hydrogen production and zero target emission of greenhouse gases based on Renewable Energy (Electricity) Bill 2000 (Cth). The legal history of commercial transactions, starting from Hague to Rotterdam Rules are documented to enhance the bill of lading pertaining to transportation of goods in relation to receipt and delivery. Constitutional laws are superior as pre-emption doctrine for compliance and harmony of other statutory laws such as electricity bill and climate change regulations. Energy regulations are observed to comply with climate change policies for tightening the monetary strength of business systems against depletion of environmental resources. Therefore, if green hydrogen is the 2050 plan for electricity transition, its prediction is analogous to the technological services of concession elucidating the equation development of business economics and its environmental laws for public safety in meeting the energy demands resulting zero target emission.

International Norms and Legislation of The Azerbaijan Republic for Exclusion of Carrier’s Liability in Maritime Freight

The article examines international standards and domestic legislation on maritime freight, the foundations of the implementation of international standards in domestic law. It is noted that the effective functioning of mechanisms of international legal regulation is impossible without ensuring the implementation of international legal treaty norms in the field of domestic law in the proper manner. International treaties apply not only when different rules are identified, or a contradiction arises. Depending on the level of relations, especially relations of an international character, the legislation proposes to indicate international business customs as a source and recognize the possibility of direct application of international treaties. Attention is drawn to the fact that the location of Azerbaijan on the historic Silk Road makes it necessary to participate in modern multimodal conventions (for example, by incorporating the Rotterdam Rules into domestic law), and therefore the choice of the reception method for the implementation of international treaties is not enough for integration policy. Rotterdam rules excluding liability of the carrier according to the catalog of immunities implemented not only The Hague rules, but also certain rules of the Hamburg rules. In this sense, as an act of synthesis, the Rotterdam rules should be adopted as a criterion for legislation. Also, Formula 3.1 of the Civil Code “on the direct application of international treaties” should be fixed in the CMS of the AR.

Liability Implications of the Rotterdam Rules for Indian Dry Ports

The carrier’s liability during the sea leg of transportation is quite unambiguous. However, the shipper’s concerns during the land leg remain yet to be adequately addressed. In India, the land leg of container transportation between gateway ports and dry ports is conducted by the road/rail transporters appointed by the carrier or the dry port operators. The inland transportation of containers, however, is governed by different legal instruments, the provisions of which are not congruent, especially with regard to the liabilities and responsibilities of the dry port operator against the carrier. Understanding such deficiency, this paper attempts to ascertain the implications of ratifying the Rotterdam Rules for India’s existing maritime law regime, especially those applicable to dry ports. We examine the maritime law regimes of different countries which are already signatories to the Rotterdam Rules and apply a similar reasoning in the Indian context. We conclude that one of the effects of ratification by India would be the reduction of ambiguities concerning the liabilities of dry port operators, being now considered a maritime performing party. Consequently, dry port operators would now be held responsible for container security and thus would be perforce to exercise due diligence in discharging its duties as a custodian of the cargoes in its charge. In addition to the efficiency gains that such development would bring about, it would be beneficial for the evolution of an appropriate container security policy for the Indian dry ports sector.

DƏNİZLƏ BEYNƏLXALQ YÜKDAŞIMADA MƏSULİYYƏTİN ANLAYIŞI VƏ ƏSASI

The article examines the concept and basis of responsibility in international sea freight. The relations arising in international cargo transportation by sea have a direct impact on the subject area of the institution of responsibility in this area. First of all (prima facie), the carrier and the consignor have mutual rights and obligations. However, the legal relationship between the consignee and the consignor also affects the legal relationship with the carrier, and the carrier acts as the main subject of the relevant liability. Accompanying the guilty and innocent carrier in international cargo transportation by sea is the responsibility. In both cases, the legislation of the Republic of Azerbaijan contains appropriate forms of liability. However, there is a need in the legislation of the Republic of Azerbaijan to bring absolute or objective responsibility in line with international law. In particular, the liability provisions of the legislation on sea freight must include an "institution of liability", formed in accordance with the "immunity catalog" or "exclusion catalog". In this case, the carrier is absolutely responsible for everything that does not belong to the "immunity catalog", and the problem of liability for guilt is not the subject of discussion. Key words: conosament, liability, international carriage, carriage of goods by sea, Hamburg rules, legislation, conventions norms, Rotterdam Rules, law

International marine trade: a scientific analysis of the history of their legal regulation and the necessary of its unification today.

The article presents the result of the analysis of three International Conventions and two protocols such as: The International Conventionfor the Unification of Certain Rules of Law relating to Bills of Lading of 1924 and its two protocols, called the Visby Ruleswas adopted in 1968 and 1979, the United Nations Convention on the Carriage of Goods by Sea of 1978 and the United Nations Conventionon Contracts for the International Carriage of Goods Wholly or Partly by Sea of 2008.The peculiarities of the acting legal regimes of responsibility are characterized, the necessity of their unified low regulation isshown. The article describes the sphere of activity of each convention, which is the responsibility of the carrier for non-preservation ofcargo, delay in delivery, conducted analyzes the limits of financial liability, statute of limitations, jurisdiction and arbitration. The possibilityof shipowners to protect their legal rights by drawing up a sea protest. A number of innovations are analyzed, which wereappeared in the Rotterdam Rules, such as 1)the specific obligations that are imposed on the carrier, as for to bring the cargoships intoseaworthiness at the beginning and during the voyage, 2) multimodal transportations, 3) deck cargoes (so-called “container revolution”),4) transport electronic records as an alternative to the “paper” written document. The article indicate: Ukraine has not ratifiedany of the above Conventions, which does not allow our country to fully protect its interests in the field of maritime transportation.Analysis was also performed of the average age of the Ukrainian sea cargoships and the factors influence for it.The article is finished by conclusion as for choice and expediency of ratification of one of the above conventions, as for on theprotection of the interests of Ukrainian cargoowners and shipowners in international marine trade and cargo transportation betweencountries.

A Study on the Blockchain Bill of Lading and Rotterdam Rules

A Study on the Blockchain Bill of Lading and Rotterdam Rules

로테르담 규칙상 유통가능 운송서류 소지인의 권리와 책임

로테르담 규칙은 유통가능 운송서류의 양도에 의해 소지인의 권리가 양도되며, 또한 소지인이 권리를 행사하는 경우에 책임을 부담하는 통일법제를 제정하였다. 즉, 로테르담 규칙 제57조는 소지인이 운송서류를 인도 또는 배서함으로써 운송계약에 명시된 권리를 양도할 수 있고, 제58조는 소지인의 권리행사여부에 따라 소지인의 책임이 달라집니다.<BR> 따라서 로테르담 규칙이 통일된 법제로 제기능을 수행하기 위해서는 양도가능 운송서류를 소지한 자가 어떠한 절차에 따라 어떠한 권리가 이전되며, 양도가능운송서류의 소지인이 어떠한 권리를 행사함으로써 책임을 부담하는 지를 이해하고, 이에 대한 문제점을 숙지할 필요가 있다.

Assessment of Legal Instruments and Applicability to the Use of Electronic Bills of Lading

Purpose - This study mainly investigates two potential legal regimes expected to govern the use of electronic bills of lading: the Rotterdam Rules (2009) and the UNCITRAL Model Law on Electronic Transferable Records (2017). Widespread use of electronic bills of lading has been unsuccessful partly due to the absence of a uniform legal regime and protracted uncertainties. This paper aims to carry out an assessment of the possibilities where either of two potential legal regimes could provide certainty to the effect and validity of the use of electronic bills of lading, and contribute to the facilitation of electronically transferring the rights to goods carried by sea. Design/methodology - This paper first introduces two legal instruments and the relevance to electronic bills of lading. Since neither of these legal instruments has yet entered into force, the following section looks into the ratification or enactment possibilities based on a literature review and track records of the past legal regimes of the same kind. Assessment of the different adoption possibilities further requires comparative work of the two legal instruments, which will be based on an analysis of relevant provisions and a literature review. The literature review on the Rotterdam Rules delves into various studies and data produced since the UNCITRAL’s adoption in 2009. The literature review on the UNCITRAL Model Law on Electronic Transferable Records heavily relies on UNCITRAL working group documents from 2011 to 2017 together with the final explanatory note. Findings - The main findings can be summarized as follows. Application of the Rotterdam Rules would negate the role of the UNCITRAL Model Law on Electronic Transferable Records assisting in the implementation of the Rotterdam Rules due to some conflicting issues. Enactment of the UNCITRAL Model Law alone can sufficiently provide a higher level of certainty in the use and effect of electronic bills of lading so long as lawmakers and parties are aware of some issues with the application. What concerns potential users most is the extension of the status quo, where neither of the legal instruments have any effect. It is necessary to take a number of alternatives into consideration, such as promotion of standard clauses and confirmation by a court ruling. Originality/value - Existing studies focus either on the Rotterdam Rules or on the UNCITRAL Model Law, but not both. Not many papers have yet dealt with the Model Law, which was adopted by UNCITRAL only 2 years ago, particularly in the context of a potential legal regime for electronic bills of lading. This paper attempts to introduce the differences between the two legal instruments in regulating the use of electronic bills of lading while providing an assessment of the various possibilities for which parties involved in international trade can be better prepared for the changing legal environment.