Lex Maritima in a changing world: development and prospect of rules governing carriage of goods by sea

Zhao, Lijun ORCID: https://orcid.org/0000-0002-8935-001X (2020) Lex Maritima in a changing world: development and prospect of rules governing carriage of goods by sea. In: Maritime Law in Motion. Mukherjee, Proshanto Kumar, Mejia, Maximo Q. and Xu, Jingjing, eds. WMU Studies in Maritime Affairs, 8 . Springer International Publishing, pp. 761-783. ISBN 9783030317485, e-ISBN 9783030317492. [Book Section] (doi:10.1007/978-3-030-31749-2_37)

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Abstract

This chapter examines the attempts to unifying law governing carriage of goods by sea and the background to these attempts over the past hundred years or so. It finds that a repetition of the current mode of negotiating static conventions will not unify these rules. Moreover, from historic and legal perspectives, the attempts to unify the international carriage of goods by sea regimes in the past century have remained transitional. The active players have shifted from private entrepreneurs to government delegates. This research probes into the new trade practice for the shipping industry in the twenty-first century and argues that new ‘landscape’ calls for innovative modifications of the conventional approach to unifying carriage of goods by sea rules. This research also forecasts the prospects of the Rotterdam Rules and discusses several countries’ current attitudes, including the UK, the Netherlands, Scandinavian countries and, particularly, the USA.

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