The Rotterdam Rules 2008. Commentary to the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea

The text- book “The Rotterdam Rules 2008” is a commentary to the United Nations Convention on contracts for the international carriage of goods wholly or partly by sea, consisted in its final layout of eighteen chapters. Chapter: 1 General Provisions contains a series of definitions of terms used in the Convention to avoid the risk for the interpreter attributing to them a meaning other than the one originally attributed. Mention may be made of the definition of contract of carriage and of some terms created for the purposes of this Convention, such as performing party, maritime performing party, documentary shipper and electronic transport record; 2 Scope of Application defines the circumstances in which the Convention is compulsory applicable, that is, when it applies with the force of law as an international convention; 3 Electronic Transport Records sets out general provisions on the electronic equivalent of transport documents and specific provisions in respect to electronic transport records relating to transport documents throughout the Convention; 4 Obligations of the Carrier regulates first the period of responsibility of the carrier and then the obligations of the carrier that must be fulfilled during this period; 5 Liability of the Carrier for Loss, Damage or Delay is the logic complement of Chapter 4 because it regulates the liability of the carrier for the breach of its obligations relating to the goods; 6 Additional Provisions Relating to Particular Stages of Carriage regulates matters relating to a specific stage of the carriage, be it by sea or otherwise and also includes provisions on deviation and deck cargo, on stages other than by sea in respect to which the rules applicable are identified; 7 Obligations of the Shipper to the Carrier contains a comprehensive set of rules on all obligations and liabilities of the shipper; 8 Transport Documents and Electronic Transport Records contains rules on the issuance, content and evidentiary effect of transport documents and electronic transport records and a provision on the identity of the carrier; 9 Delivery of the Goods establishes when the obligation of the consignee to take delivery arises, identifies the persons from whom the carrier may seek instructions if he is unable to deliver the goods and regulates the situation in which the goods remain undelivered; 10 Rights of the Controlling Party regulates the identity of the person entitled to give instructions to the carrier (“controlling party”), the type of instruction that may be given to the carrier and the rights of the carrier as a consequence of the carrier’s compliance with such instructions; 11 Transfer of rights sets out rules on the transfer of rights when a negotiable transport document or electronic transport record is issued; 12 Limits of Liability regulates the limit of liability for loss or damage to the goods and generally for breaches of the carrier’s obligations under the Convention. Situations in which the carrier loses the right to limit are also provided; 13 Time for Suit regulates the time for suit, which is two years, not subject to suspension or interruption; 14 and 15 Jurisdiction and Arbitration regulate jurisdiction and arbitration; 16 Validity of Contractual Terms sets out those situations in which freedom of contract is permitted; 17 Matters Not Governed by this Convention deals with the relationship between the Rotterdam Rules and other conventions. 18 Final Clauses contains final clauses.