A comparative study of the obligation of due diligence to provide a seaworthy vessel under the Hague/Hague-Visby Rules and the Rotterdam Rules

The extensive work of this book covers a detailed study on the provisions relating to the obligation of seaworthiness in the Rotterdam Rules as compared to the parallel obligation in the existing regime under the Hague/Hague-Visby Rules. It ascertains whether the new convention (The Rotterdam Rules) provides a sound system to govern the law relating to seaworthiness, by assessing the carrier¿s obligation of seaworthiness under the Rotterdam Rules as compared to the widely used regime of the Hague/Hague-Visby Rules. This book consider all changes to the regime governing the carriage of goods. For example, the multimodal transport and its on the obligation and liability of seaworthiness is also discussed. Throughout the books, proposals for both regimes concerning changes to areas where the risk between the contracting parties is imbalanced are provided. This inevitably involves a detailed study on the provisions relating to (directly / indirectly) potential liabilities in case of breach under both the Hague/Hague-Visby Rules and the Rotterdam Rules. Damages caused to cargo due to containers¿ unfitness (whether it is uncargoworthiness or unseaworthiness of container) is given a particular intention in one entire chapter to include several jurisdictions approaches. IMO instruments, such as SOLAS and MARPOL, were highlighted- including their influence on defining the technical aspect of the obligation of seaworthiness under the current law. This book addresses the issue of the relationship between seaworthiness and other shipping instruments. The work is the result of extensive research, which provides an easy yet precise guidance to practitioner, lawyers, lecturers, shipowners and seafarers in all matters related to current and future problems of seaworthiness.