Table of contents
List of abbreviations
Preface

General Introduction

§1. Geography

§2. Demography

§3. Information on the political and legal system of the country - form of government

§4. Population and Employment - social and cultural values

§5. General introduction relating to transportation

§6. Inland waterways and ports

§7. Railroads

§8. Road systems

§9. Airports numbers

§10. Pipelines

§11. Important data relating to transport activity

§12. Ministry or department responsible for transport policy


Selected bibliography


Part I. Introduction

Chapter 1. Definitions and notions

§1. Limitations of the subject matter


I. Maritime Law and Transport Law

II. Law of the sea

§1. Maritime Law

Treaties and national legislation

§2. Inland navigation

Treaties and national legislation

§3. Rail transport

Treaties and national legislation

§ 4. Road transport

Treaties and national legislation

§5. Air transport

Treaties and national legislation

§6. Multimodal transportation

Treaties and national legislation

§1. Definition and legal status of vessels

§2. Registration and nationality of ocean-going vessels

§3. Acquisition and ownership

§1. Maritime liens


I. General concepts - Introduction

II. Categories of maritime liens

III. Employment of Maritime Liens

IV. Concurrent Liens

V. Ranking

VI. Choice of law


§2. Ship mortgages


I. General concepts

II. Creation of the ship mortgage

III. Formalities relating to the creation of mortgage


a. Mortgage deed

b. Recording or registration


IV. Ranking

V. Validity period of mortgage

VI. Assignment of mortgage

VII. Ship mortgage and International Law


§3. Extinction of ship mortgage and liens


I. Extension of the main claim

II. Waiver by the creditor

III. Forced public sale

IV. Voluntary sale of the encumbered vessel

V. Modification of the vessel's nationality

§1. Master


I. Appointment of the master

II. Public functions of the master

III. Private functions of the master

IV. Main duties of the master

V. Liability of the master


§2. Crew


I. Contract of employment for crew members

II. Recruiting

III. Duties of the employer and employee

IV. Termination

I. Liability of a ship owner and the crew

II. Limitation of liability

II. Ships for which the limitation of liability can be invoked

IV. Claims subject to limitation

V. Claims excluded from limitation

VI. Counter claims

VII. Conduct barring limitation

VIII. Persons entitled to limit

IX. General limits of liability

X. Limitation fund

XI. Procedure

§1. Definition and varieties of charter parties

§2. Statutory provisions

§3. Duties of the ship owner

§4. Duties of the charterer

§1. Definitions and functions of the bill of lading

§2. Various types of bills of lading and similar documents of title


I. Bill of lading 'received for shipment'

II. Through bill of lading

III. Combined transport bill of lading

IV. Delivery order


§3. Charter party and bill of lading

§4. Hague Rules - Visby Rules


I. National incorporation of the Hague-Visby Rules

II. Transport period

III. Cargo and excepted cargo

IV. Deck Cargo

V. The description of the goods in the Bill of Loading

VI. Jurisdiction clauses

VII. Vessel


§5. Duties of the carrier


I. Duty relating to the vessel

II. Duties relating to the cargo


§6. Immunities and limitation of liability

§7. Non-negotiable seaway bills

§8. Hamburg Rules

§9. Right of action

§1. Introduction

§2. Statutory provisions

§3. Duties of the pilot

§4. Liability of the pilot

§1. Introduction

§2. Statutory provisions

§3. Liability and limitation of liability

§1. Definition

§2. Statutory provisions

§3. Salvage award

§4. Reward of the crew

§5. Liability and limitation of liability of salvors

§6. Removal of wrecks

§1. Historical introduction

§2. Statutory provisions

§3. Definition and history of general average

§4. Application of the York-Antwerp Rules 1974 (YAR) as amended 1990

§5. General average adjustment

§6. Receiving fund

§7. Contributing fund

§8. Proceedings

§1. General concepts

§2. Particular average on the vessel


I. Definition

II. Insurance

III. Settlement


§3. Particular average on Cargo


I. Definition

II. Insurance

III. Settlement


§4. Extra Expenses and Financial Losses Sea and Labour Costs, loss of freight, Delay

§5. Recovery Actions against the sea carrier

§1. Definitions

§2. Statutory provisions


I. Incorporation of treaty law

II. Damages and procedure

III. Limitation of liability

§1. Introduction

§2. Statutory provisions - Sources of Law

§3. Sources of pollution


I. Pollution from ships

II. Pollution from land-based sources

III. Pollution from sea-bed activities

IV. Dumping and incineration of wastes


§4. Liability for marine pollution

§5. Marine pollution control and cooperation

§1. Sources of Law

§2. Judicial Procedure for Conservatory Arrest

§3. Ship

§4. Maritime Claims

§5. Security and counter security

§6. Subsequent arrest

§7. Lifting of the arrest

§8. Remedies for Wrongful arrest

§9. Judicial sole and ranking

§1. Introduction

§2. Statutory provisions

§3. Liability and Limitation of Liability

§1. Introduction

§2. Liability of the Carrier under General law

§3. Liability of the Carrier under the CMR convention


I. The consignment note - Way bill

II. Rights and Obligations


A. Carrier

B. Sender

C. Consignee


III. Liability of the Carrier


A. Presumption of Fault

B. Exonration of Liability

C. Sharing of Liability between the Claimant and the Carrier


IV. Time Limits for Complaint and Action

V. Jurisdiction of Courts

§1. Statutory provisions - Legislation

§2. The CIV - Convention (Passenger and their Luggage)

§3. CIM - Convention (Carriage of Goods by rail)

§4. Contract of Carriage by Rail subject

§5. National transportation

§1. Carriage of goods by inland waterways


I. River Craft : definition

II. Owner’s legal liability

III. Charter Parties and Carriage of Goods

IV. Limitation of Liability

V. Towage

VI. Pushing

VII. General average

VIII. Freight market regulation


§2. Statutory provisions

§3. Treaty law

§1. Introduction

§2. General scope of the Warsaw Convention


I. International transport

II. Carriage of aircraft

III. Carriage of Persons, cargo or Luggage

IV. Carriage for Remuneration

V. Successive and Combined Transport

VI. Mandatory applicability


§3. Parties to the Contract of Carriage

§4. The Carriage of Passengers


I. The Ticket

II. Liability of Carrier


§5. The carriage of goods or baggage


I.The Air Way bill

II. The Baggage check

III. Rights and Obligations of the User

IV. Liability of the Carrier


§6. Procedure


I. Right of Action

II. Time Limits

III. Jurisdiction of Courts

§1. Definitions: An Introduction

§2. Statutory provisions

§3. Treaty law


I. The MT Convention

II. The Hamburg Rules

III. The Warsaw Convention

IV. The CMR Convention

V. The CIM Convention

VI. The UPU Arrangements


§4. Commercial practices and Private Initiatives


I. Through Bill of Lading

II. Combined transport documents