TRANSPORT LAW

OBJECTIVE

This course intends to provide an overview of the legislation and regulation that governs the

transport activity in the respective transport modes (Sea, inland, navigation, road, rail, air and

multimodal) of goods as well as of passengers.

The goal of transport policy is to make effective decisions concerning the allocation of

transport resources, including the management and regulation of existing transportation

activities.

CONTENTS:

The course encompasses both the public and private transport law,

Transport law relates to the licensing of transport operator, his access to the profession and to

the market and to pricing, with a special emphasis on the International transport policy.

Transport law concerns the contract of carriage, in other words the carrier duties and liability

regime according to the Warsaw Convention, the Hague Rules, the Hague Visby Rules, the

Hamburg Rules, the CMR Treaty , Etc.

Finally, also the transport documents are studied such as the Bill of Lading, the Air Waybill,

etc.

INTRODUCTION

The adage transportation is the ‘lifeblood’ of commerce stills rings true today. As a matter of

fact the transportation sector is like the heart in the economic structure of every nation and

the various modes of transport is like blood in it. As long as the blood is in circulation, the

organs will remain sound and healthy. The transportation sector is consider the heart of every

economic because; it helps to alleviate poverty, creates development, increases the country
revenue as well as improving competition. In line with the above analogy, it shows that the

various modes of transport goes a long way to keep the economic alive thereby making it the

lifeblood of commerce. Transport law is that law which is applicable to transporter, clients

and other users of the transport services. Transport can either be by land, water and air. It is

that area of law which is so flexible. It is not rigid like other laws because it is constantly

been modifies to adapt to new techniques of transportation. For instance we can cite the

transportation of fluids by pipe line, multimodal transport as recent development in the

transport sector.

Transport law in general presents a double interest and this can be seen in the diversity of the

transport law. Firstly, it does apply to the transportation of passengers for touristic reasons

which goes a long way to bring people together. Secondly, it plays a great role in the

transportation of goods of all nature within country, regions, continent and the world at large.

As such it plays a great role in the globalization of the economy. Transportation can be trace

as far back as antiquity. It is not a thing of today. Humanity has always known the

development of transport within time and space. Each period of human development refers to

a particular mode of transport. As such the ancient period was marked by development of

maritime transport by the Greeks and Phoenician. After this period road transport developed

and in the 19 century the development of rail transport came to the lamplight, in the 20 th

century the development of air transport and in the 21 st century, the development of

containerization and multimodal transport.

Given the fact that transportation is the lifeblood of commerce, several laws have been put in

place at the International, Regional and National level which are geared towards regulating

the transport sector.

DEFINITION OF TRANSPORT LAW (TRANSPORTATION LAW)

Generally speaking, transport law has been referred to as a set of rules that regulates the movement of

goods or persons from one place to another, by carrier. As a contract, it is one whereby a person,

natural or judicial, obligates himself to transport persons, goods or both from one place to another, by

land, water or air for a price or compensation.

More so, transport law can be defined as relevant laws that governs the rights, responsibilities,

liabilities, and immunities of the carrier and of the person employing the services of the carrier.

Transport law (or transportation law) is the area of law dealing with transport. The laws can apply

very broadly at a transport system level or more narrowly to transport things or activities within that

system such as vehicles, things and behaviors. Transport laws can apply at a global transport system-

wide level. The transport system can encompass a wide range of matters which make up the system.

These include:

 Heavy and light Rail systems including associated land, infrastructure and rolling stock which

comprise trains, trams and light rail vehicles

 Roads including freeways, arterial roads and paths

 Vehicles including cars, trucks, buses and bicycles

 Ports and waterways

 Commercial ships and recreational vessels

 Air transport system and aircraft.

A transport system includes not only system infrastructure and conveyances, but also things like;

 Commercial systems and other technologies

 Strategic, business and operational plan

 Schedules, timetable and ticketing systems

 Safety system

 Labor components
  Service components

 Government decisions makers like Ministers, departments, authorities, corporations,

agencies and other legal persons

Individual Components can be identified from this broad transport system formulation and

then regulated discreetly. For example, a bus or a car forms part of a broad transport system

but are commonly regulated on an individual basis in terms of identification (registration),

control of the vehicle, vehicle forms and fittings (vehicle standards) and other safety

requirements. (Driver licensing and drug and blood alcohol controls).

There are various key persons who play a very active role as far as transport is concerned. So

there is the need for these various actors to be defined to better understand the discipline of

transport law.

Definition of a Carrier

A carrier means any person by whom or in whose name a contract of carriage of goods by

sea has been conclude with a shipper.1

Definition of an Actual Carrier (this issue of actual carrier brings in the issue of

delegation in the sense that another person who can be referred to the carrier can

undertake and agreement with someone but when it comes to the execution of the

contract he or she kindly delegates another person who is refer to as an actual carrier in

the light of transport law).

Actual Carrier means any person to whom the performance of the carriage of goods, or of

part of the carriage, has been entrusted by the carrier, and includes any other person to whom

such performance has been entrusted.

1
Article 1 of the United Nations Convention on the Carriage of Goods by Sea 1978
Definition of a Shipper

A shipper means any person by whom or whose name or on whose behalf a contract of

carriage of goods by sea has been concluded with a carrier, or any person by whom or in

whose name or whose behalf the goods are actually delivered to the carrier in relation to the

contract of carriage by sea.

Definition of Consignee

The person entitled to take delivery of the goods. Consignee or indeed any lawful holder of

the bill of lading who wishes to make a cargo claim because their goods are substandard or

have been lost damaged at sea, typically have four options:

 They may sue the seller, the shipper, or the carrier, or they may claim from their

own insurance policy.

 A suit will lie against the seller if the seller has insufficient title 2, or the goods are

not of satisfactory quality, or do not comply with sample or description.3

 A suit will lie against the carrier if damage occurred aboard ship. The carrier P&I

Club cover will normally bear the cost

 If the cargo is damaged where the shipper fault (e.g if the goods have been

properly packed and stowed) or if the carrier is either blameless or exempted from

liability. A cargo owner will have to claim on his own cargo policy.

Definition of Consignor
The person who engages the carrier to provide services of carriage
Definition of Contract of Carriage

Contract of carriage is a contract whereby the carrier undertakes against payment of freight to

carry goods from one place to another.

2
Sale of God Act 1979 (as amended ), Section 12
3
Sale of Good Act 1979 ( as amended), Section 13
Definition of Bill of Lading

Bill of lading is a document which evidences a contract of carriage by sea and taking over or

loading of the goods by carrier, and by which the carrier undertakes to deliver the goods

against surrender of the document. A provision in the document that the goods are to be

delivered to the order of a named person, or to order, or to bearer, constitutes such an

undertaking.

It is a document executed by a carrier, such as a railroad or shipping line, acknowledging

receipt of goods and embodying an agreement to transport the goods to a stated destination.

Bills of lading are closely related to warehouse receipts, which contain an agreement for

storage rather than carriage. The document may be endorse and given to another, who will

then be entitled to receive the goods.

TYPES OF TRANSPORT MODES OR MODES OF SHIPMENT

There most common five modes of transport are: railways, roadways, airways, waterways

and pipelines. Following is the brief account of each mode and relative merits and demerits.

1) RAILWAYS

Railway system has grown in to the world’s fourth largest. It has route length of 72,000

kilometers by the end of 1990. The daily run is 15,000 kilometers with running of 12000

trains carrying 7Lakh tons goods.

Merits of the railway

 It has a large carrying capacity

Compared to other means of transport, railways are known for bulk carriage of goods

over long distances.

 It is economical

As the freight rates are telescopic and referential, it works cheaper particularly in case

of heavy goods over long distances

 It is all weather modes

Railways provide all season protection to the products moved on uninterrupted basis

 It has containerization

Most developed and developing countries have done a good job as far as railway is

concerned by containerizing on major routes facilitating safe, uninterrupted and speedier

movement of goods.

 It links international markets

Railways are the main sources of connection with markets outside the country moving

goods from interior parts to the points of overseas supply and shipping.

DEMERITS

 Costlier over short distances

Railways transport works costlier over short distances because of tapering and differential

tariff rates.

 Slower movement

As compared to road and air transport, the speed of movement is slower

 It very difficult to maintain

 It does not offer door to door services

2) ROADWAYS
Land or ground shipping can be made by train or by truck. In air and sea shipment, ground

transport is required to take the cargo from its place of origin to the airport or seaport and

then to destination because it is not always possible to establish a production facility near

ports due to the limited coastlines of countries. Ground transport is typically more affordable

than air, but more expensive than sea, especially in developing countries, where inland

infrastructure may not be efficient. Shipment of cargo by trucks, directly from the shipper’s

place to the destination, is known as a door-to door shipment, or more formally as

multimodal transport. Road network is one of the largest in the world. It has a total road

length of 18 lakh kilo meter of which 50 percent is surfaced. Of this, national highways

account for 35000 kilometers account for the 50 percent of total traffic.

Merits

 Economical over short distances

As compared to railways, it is more economical. Various studies have proved that it is

cheaper by 25 percent

 Speedier movement

Road transport is speedier than the railways giving point to point service resulting in price

stabilization and consumer satisfaction. The business community needs not wait because of

wagon shortage, transshipment because a truck has a smaller capacity and flexible available

24 hours

 Touching for flung markets

 Much beyond the capacity of railways, the roadways are known for reaching

impregnable market particularly hilly regions where railways cannot reach.

 Lesser conditions for service

 The roadways do not insist on strict packaging requirements because of least

transshipments shocks to goods carried. Again damage claims are settled faster.

Demerits

 Uneconomical over long distances

Long Haulages work out much costlier because disproportionate rise in fuel and spare-parts

expenses

 It is fair weather friend

Roadways are closed during monsoons and winters resulting in handicapped movement of

goods

 Not suitable for bulk transport

Bulky and heavy goods to be moved particularly over longer distances need railway services

than roadways as it has a major limitation of carrying capacity

3) AIRWAY

We cannot boast of airways in Cameroon as we do in case of railways and roadways because,

it is underdeveloped and underutilized. It acts as supporting transport means. This can be

better understood with the few international airports the country has.

MERITS

 Fastest means of transport

Air transport provides the speediest movement of cargo over the distant places by eliminating

practically spatial barriers

 All weather friend

It is known for its dependable service during the times of floods, wars, earth-quakes. It is all

weather means of transport though flights are cancelled due to bad conditions.

 Consumer satisfaction

The level of consumer service and hence satisfaction is of high order as it is known for

immediacy, speed and least damages to cargo

 Reduced inventory holdings

 As it provides fastest and uninterrupted service, capital investments in the form of

stocks of goods is less. This is particular importance in case of highly perishable

items

DEMERITS

 It is costlier means of transport

The cost of air transport is very high and there is limit of weight of cargo. Hence it is suitable

for light weight, high grade and costly items only

 Limited cargo capacity

The cargo capacity of the plane is much smaller because of its size as it works against the

force of gravity

 Limited coverage

The plans cannot land at all the places of our choice. It connects metropolis and some

important cities only.

 High risk compare to the other modes of transportation.

4) WATERWAYS/ SHIPPING
Much freight transport is done by ships. The people that crew it are referred to as its merchant

navy or merchant marine. Merchant shipping is the lifeblood of the world economy, carrying

90% of international trade. Waterways of the nation provide other alternative means of

transportation of people and properties.

Merits

 It is cheapest means of transport

Inland waterways tariffs are much lower and therefore it works cheaper for both short and

long distances

 Most suitable for heavy and fragile products

Virtually any material can be moved by water. The items which are bulky and heavy and

which are fragile can be moved with ease

 Loading and unloading facilities

The sender of cargo has the facilities of loading and unloading from boats and wharves on

and from steamers and barges.

 No problem of congestion

Water ways provide an independent movement unlike road system where road is meant for

all kinds of vehicles creating the problem of congestion.

DEMERITS

Transport by sea has been widely used throughout recorded history. The advent of aviation

has diminished the importance of sea travel for passengers, though it is still popular for short

trips and pleasure cruises.

 Slow speed
The speed of the boats and steamers is badly limited in case of canals and rivers. Goods

needing quick movement as perishable can be hardly transported.

 Unreliable

Changing seasons create problems. Winter may freeze the rivers and canals and summer eats

the depth of rivers and canals.

 Limited service

The in land waterways are connecting the given places. Again the cargo capacity is quite

limited.

The term shipping originally referred to transport by sea but the American English, it has

extended to refer to transport by land or air.

 The environmental impact of shipping includes; greenhouse gas emissions, oil

pollution etc.

5) PIPELINES

Pipelines are the specialized means of transportation designed to move the items like crude-

oil, petroleum, chemicals, coal, lime-stone, copper concentrates and gas.

Merits

 Economical

Crude oil or coal and gas transport through pipe lines is more economical

 Uninterrupted service

Pipe line transportation presents all weather system to move the products

 No danger of wastage
As there are no occasion of loading and unloading, there is no scope for spilling, evaporation

and so on.

 Underground

The pipeline is usually underground and hence, takes no additional space. What is more

important is that it traverse through difficult terrain

Demerits

 Initial heavy investment

The capital cost of pipe-line is rather much higher and that is many country has minimum

length

 Danger of enemy attacks

In the periods of war and political hegemony, pipelines are more prone to enemy attacks thus

jeopardizing the veins of supply to the entire nation.

FUNCTIONS (RELEVANCE) OF TRANSPORT LAW

 Transport law is important because it lays down the rules and regulations relating to

the difference modes of transport and safety.

 Transport law is important because it facilitates the circulation of goods within the

country, region, continent and the world at large. As such it plays a great role in the

globalization of the economy.

 It facilitates the circulation of passengers for touristic reasons, which is also an

instrument of globalization and bring people together.

 It creates awareness about the policies relating to road, railway, sea and air transport

and safety and facilitates the implementation.

 Transport law helps in making effective decisions concerning the allocation of

transport resources, including the management and regulation of existing

transportation activities.

 Transport law is important because it is virtually involves every aspect of the

economic, social, and political activities of state. Transport is a vital factor in

economic development. Transport is seen as a key mechanism in promoting,

developing and shaping the national economy.

 Transport law has been developed to prevent or control the inherent monopolistic

tendency of many transport modes

 Transport law tries to ensure public safety of the environment. Issues of public safety

have for a long time, led to the development of policies requiring driving licenses,

limiting the working hours of drivers, imposing equipment standard.

 Transport law is important because it regulates the way that people travel using any

method of transportation including railways, air travel, vehicular travel and even

waterways

 Transport law, plan, manage and regulate the road transport system in accordance

with the provisions lay down

 It ensures the provision of safe, reliable and efficient road transport service

 It provides precedent-rich insight in to how legal and commercial accountabilities are

judged in the transportation sector. By so doing it helps learners to develop a deep

understanding of how sector- specific and commercial claims work across all modes

of transportation.

 Transport law helps learners to be able to operate in compliance with laws understand

their obligations, exercise due diligence and know when to seek legal counsel.
 INTERNATIONAL RULES FOR CARRIAGE OF GOODS BY SEA (HAGUE,

HAGUE VISBY, HAMBURG AND ROTTERDAM RULES).

INTRODUCTION

Shipping of all industries is the most international compared to the other modes of transport.

It is viewed against the broad sweep world development; 75 %of the world’s surface is

covered by vast oceans. Sea trade and maritime adventures have been in existence ever since

commercial intercourse between merchants of nations started. The ocean is perhaps the most

efficiently employed as an avenue of transport. The great bulk indeed, about 80% of the

exchange of goods among nations still depends on ocean going vessels. The contract of

carriage of goods by sea remains the most effective contractual arrangement by which goods

are transported from one country to another. The significance of this contractual arrangement

is based on the fact that during the transit, the goods are in charge of carrier and his agent.

And neither the buyer nor the seller has any physical control over them.

A contract of carriage of good may be defined as an agreement that is concluded between a

carrier and a shipper for the carriage of goods by sea, in which a carrier, against the payment

of freight, undertakes to deliver goods from one port to another. Carriage of good by sea can

be refer to in various names such as; maritime transport, ocean transport, fluvial transport, or

more generally waterborne transport which is the transport of people (passengers) or goods

(cargo) via waterways. Freight transport by sea has been widely used throughout recorded

history. (Freight transport is the physical process of transporting commodities and

merchandise goods and cargo

The law of carriage of goods by sea is a body of law that governs the rights and duties of

shippers, carriers and consignees of marine cargo. 4 Primarily concerned with cargo claims,

this body of law is an aspect of international commercial law and maritime law. In ancient

period, the population put in place some certain laws to govern their operation as far as sea

transport is concerned. The Egyptians, Phoenicians and Greeks who carried out extensive

commerce in the Mediterranean Sea put in place laws to regulate their activities. Several

tribunals were put in place at the Mediterranean ports to handle matters concerning seafarers.

This lead to the recording of individual judgments and the codification of customary rules

courts became bound. In time, the island of Rhodes became the main maritime power in the

Eastern Mediterranean. The Island of Rhodes brought out the first comprehensive code which

not only regulated commerce in the region for a long time but was also the foundation of the

law of seas for a very long time. It provided for exclusive jurisdiction over its own and

adjacent seas.

Contemporary maritime law is a mixture of ancient doctrines/principles and new laws both

national and international. Among the traditional principles of international maritime

transport law still in use today are marine insurance, general average, salvage, the welfare of

the seaman and the ancient concept of maintenance and cure. The reason for the continuation

in the use of ancient principles is that the basic hazard of seafaring has not changed. The first

codification of law concerning the carriage of goods by sea is the Harter Act 1893 of USA,

which was followed by the Australian sea carriage of Goods Act of 1904. At the international

Conference on maritime law held at Brussels in October 1922, the delegates at the

conference, agreed unanimously to recommend their respective government to adopt a draft

convention for the unification of certain rules such as responsibilities, liabilities, rights and

immunities to carriers under the bills of lading.

4
The law of carriage of Goods by Sea (2011)- L.Singh
The Hague Rules were slightly amended beginning in 1931, and further in 1977 and 1982 to

become the Hague -visby rules. In 1992, the U.N established a fairer and more Modern Set of

rules, the Hamburg Rules. Also, a more radical and extensive set of rules is the Rotterdam

Rules (2008) but as of August 2020, only 5 States have ratified these rules, so they are not yet

in force.5

LEGAL INSTRUMENTS GOVERNING INTERNATIONAL CARRIAGE OF

GOODS BY SEA

THE HAGUE RULES

The Hague Rules 1924 codified the liability of the carrier under international transport. So

the student should be able to discuss the provisions of the Hague Rules; discuss the liabilities

of the carrier under the rules as well as the criticism. The content of the Hague Rules of 1924

represented the first attempt by the international community to find a workable and uniform

means of dealing with the problem of ship owners regularly excluding themselves from all

liability for loss or damage of cargo. The objective of the Hague Rules has to establish a

minimum mandatory liability of carriers which could be derogated from. At the time of its

introduction, many ship owners were undertaking no liability.

In most contracts of carriage, the carrier has greater bargaining power than the shipper, and in

the 19th century English judges developed rules to protect the weaker parties. 6Beginning with

The Hague Rules of 1924 (formally the International Convention for the Unification of

Certain Rules of Law Relating to Bills of Lading, and Protocol of Signature is an

international Convention to impose minimum standards upon commercial carriers of goods

by sea. Previously, only the common law7 provide protection to cargo-owners; but the Hague

5
Status: United Nations Convention on contracts for the International carriage of Goods wholly or partly by
sea, New York, 2008 ( the Rotterdam Rules)
6
M’ Andrew v. ADAMS (1834) 1 Bing NC 29
7
Liver Alkali v. Johnson ( 1874) LR 9 Exch 338
Rules should not be seen as ‘consumers’ charter for shippers because the 1924 Convention

actually favored carriers and reduced their obligations to shippers.)

The Hague Rules represented the first attempt by the international community to find a

workable and uniform way to address the problem of ship-owners regularly excluding

themselves from all liability for loss or damage to cargo. The objective of The Hague Rules

was to establish a minimum mandatory liability of carriers.

DUTIES OF A CARRIER UNDER THE HAGUE RULES

1) Duty to make the ship sea worthy Art 111 (1)

It is the carrier’s duty to make the ship worthy before and at the beginning of the voyage. The

carrier will be responsible not to have exercise due diligence. When any loss or damage

occurred as a result of unseaworthiness, the carrier would have to prove that he has exercised

due diligence to make a ship sea worthy. The exercise of due diligence is a personal

obligation of the carrier and it cannot be delegated. Article III clearly stipulated that;

1. The carrier shall be bound before and at the beginning of the voyage to exercise due

diligence to:

(a) Make the ship seaworthy;

(b) Properly man, equip and supply the ship;

(c) Make the holds, refrigerating and cooled chambers and all other parts of the ship in

which goods are carried, fit and safe for their reception, carriage and preservation.

It is the carrier’s duty to make the ship worthy before and at the beginning of the voyage. The

carrier will be responsible not exercise due diligence. When any loss or damage occurred as a

result of unseaworthiness, the carrier would have to prove that he has exercised due diligence

to make a ship sea worthy. The exercise of due diligence is a personal obligation of the

carrier and it cannot be delegated. (that is transfer to another person).

1. Obligation to provide a seaworthy vessel

1.1. What is seaworthiness?

Black's law dictionary 2nd ed define seaworthiness as the ability of a ship or other vessel to

make a sea voyage with probable safety: there is, in every insurance, whether on ship or

goods, an implied warranty that the ship shall be worthy when she sails on the voyage

insured; that is, that she shall be tight, staunch, and strong, properly manned, provided with

all necessary stores, and in all respects fit for the intended voyage.

Also, it was stated by Channell J in McFadden v Blue Star Line, [(1905) 1 KB 697], that:

‘A vessel must have that degree of fitness which an ordinary careful and prudent owner

would require his vessel to have at the commencement of her voyage having regard to all the

probable circumstances of it.

In Kopitoff v Wilson defined seaworthy vessel as one which is ―fit to meet and undergo the

perils of sea and other incidental risks to which of necessity she must be exposed in the

course of a voyage. The test to determine seaworthiness is an objective one.

1.2. The nature of the obligation

The seaworthiness obligation is of twofold, namely the structural fitness of the vessel for the

intended voyage and the cargo-worthy of the vessel. Therefore, a vessel is unseaworthy if it

cannot cope with stormy and rough sea. A vessel can be unseaworthy if one of the deck port

holes is insufficiently fastened to cause the voyage water to enter through the port and

damage the cargo. A fracture to the vessel ‘s shell plating and leaking rivets are among other

structural unfitness, which can lead to un-seaworthiness. The first aspect of the seaworthiness

obligation extends to the physical state of the ship as well as the competence and adequacy of

the crew, seaworthy equipment, the sufficiency of fuel and other supplies and the facilities

required for the carriage of the cargo.

Also, in line with the structural fitness of the vessel before undertaking a journey, the sailor

has to following the requirement as outline in SOLAS; the sailor must ensure that it vessels

has a sufficient numbers of lifeboats for all crew/passengers, conducting regular lifeboat

drills, inspection to ensure that safety equipment was in good condition, and fire protection /

suppression systems and other lifesaving appliance.

The requirement of manning extends not only to the crew’s competence but also the ship

master. (This takes us to the Maritime Labour convention (MLC) which lay down the

minimum working; living standards for vessel crews). Some of the standards covered by the

MLC includes; minimum age for crew members, medical requirements/certificate standards,

minimum training, and requirements for crew safety training, employment contracts, staffing

levels and hours of rest and access to accommodations /recreational/medical facilities and

entitlement for leaves.

Seaworthy equipment extends to the provision of adequate bunkers for the intended voyage

and any cranes on board used for loading and offloading cargo. The sufficiency of fuel

extends to cases where insufficient power causes serious fluctuations in temperature leading

to chocked bananas and in cases where there is sludge in the ship ‘s lubricating oil.

As for the second aspect of the seaworthiness, the vessel must also be in a good state from the

start of the voyage to perform the contract of voyage safely as regards to the particular cargo

to be carriage on the voyage. Thus, in Stanton v Richardson, a ship had contracted to carry a

cargo of sugar in bags. However, when wet sugar was loaded this gave off a quantity of

molasses. It was held that the owner of the ship has an obligation to supply a ship that is

seaworthy in relation to the cargo which he has undertaken to carry. The same applies to

cargo that needs to be refrigerated in which the equipment must be adequate and a vessel free

from disease if it is to carry live animals. To be seaworthy, the ship must also be able to

discharge and deliver the cargo safely at its destination. Therefore, seaworthiness embraces
obligations with respect to every part of the vessel, stores, manning and equipment,

overloading and bad stowage, possession of relevant documentation and cargo worthiness.

2. Subject to the provisions of Article IV, the carrier has the duty to load, handle, stow, carry,

keep, care for and discharge the goods carried.

3. After receiving the goods into his charge, the carrier or the Master or agent of the carrier

shall, on demand of the shipper, issue to the shipper a bill of lading. A bill of laden is a

legal document issued by the carrier to a shipper that details the type, quantity and

destination of goods being carried. Clearly showing among other things:

(a) The leading marks necessary for identification of the goods as the same are furnished in

writing by the shipper before the loading of such goods starts, provided such marks are

stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or

coverings in which such goods are contained, in such a manner as should ordinarily

remain legible until the end of the voyage.

(b) Either the number of packages or pieces, or the quantity or weight, as the case may be,

as furnished in writing by the shipper.

(c) The apparent order and condition of the goods. Provided that no carrier, Master or agent

of the carrier shall be bound to state or show in the bill of lading any mark, number,

quantity, or weight which he has reasonable grounds for suspecting not accurately to

represent the goods actually received or which he has had no reasonable means of

checking. Such a bill of lading shall be prima facie evidence of the receipt by the carrier

of the goods as therein described in accordance with paragraph 3(a), (b) and (c).

After the goods are loaded the bill of lading to be issued by the carrier, Master, or agent of

the carrier, to the shipper shall, if the shipper so demands, be a “shipped” bill of lading,

provided that if the shipper shall have previously taken up any document of title to such

goods, he shall surrender the same as against the issue of the “shipped” bill of lading, but at
the option of the carrier such document of title may be noted at the port of shipment by the

carrier, Master, or agent with the name or names of the ship or ships upon which the goods

have been shipped and the date or dates of shipment, and when so noted, if it shows the

particulars mentioned in paragraph 3 of Article III shall for the purpose of this Article be

deemed to constitute a “shipped” bill of lading.

4) DUTY OF CARE OF THE CARGO

The basic obligation of the carrier in contract of carriage by sea is to carry and deliver the

goods to its destination and this implies the proper and careful carriage. The Hamburg rules

have introduced few changes to the carrier‘s duty of care for cargo. The standard of care

imposed by the new rules of law and the period of obligation of this duty are relevant to

understand changes introduced by the Hamburg rules. The duty to look after the cargo has

remained among the basic obligations of the carrier. The period of responsibility under

Hamburg rules has shown a considerable extension. The Hamburg rules under art-1(6) extend

the scope of application of the rules and the period of responsibility to port-to-port. The

period of responsibility of the carrier is extended; the responsibility of the carrier for the

goods covers the period during which he is in charge of goods at the port of loading, during

the carriage and at the port of discharge. The carrier takes charge of the goods at the port of

loading from the time he has taken them from the shipper, or a person acting on his behalf, an

authority, or other third party to whom, pursuant to local law or regulation at the port of

loading, the goods must be handed over for the shipment, until the time he has delivered to

the consignee.

More so, for care of cargo, the Rotterdam rules explained it in Article 13(1) Rotterdam Rules.

5) Obligation to deliver the goods

Article 11 of the Rotterdam Convention held that the carrier has the duty of Carriage and

delivery of the goods. The contract is not completed if delivery does not take place. Delivery
of goods is an important obligation of the carrier. It is one of the main purposes and core

issues of the carriage of goods by sea. By completing the delivery of goods, the parties

‘obligations under the contract of carriage of goods by sea are usually discharged.

Notwithstanding, delivery of goods is considered as a significant part of international carriage

of goods by sea. The basic obligation of the carrier is to carry goods from the place of receipt

to the place of destination and deliver them to the consignee at the appropriate time in the

same condition as they were at the time of receipt. The Hamburg rules paid very limited

attention to one of the core issues of carriage of goods by sea. The basic obligation of a

maritime carrier is therefore, to carry the goods to their destination and to deliver them to the

party entitled to delivery. This obligation is not limited to actual delivery but include

notifying the consignee of the delivery should this be done constructively. The consignee

must have notice and an opportunity to inspect the cargo upon delivery. In addition to the

duty to notify the consignee and proper delivery of the goods, the carrier upon placing the

goods in custody of a person other the consignee, assumes the status of a bailee and hence,

remain liable for the goods safe delivery.

THE DUTY OF SEAWORTHY UNDER THE HAGUE -VISBY RULES

Under the rules, the carrier’s main duties are to properly and carefully load, handle, stow,

carry, keep, care for, and discharge the goods carried and to exercise due diligence to make

the ship seaworthy and to properly man, equip and supply the ship.

It is implicit from the ( common law) that the carrier must not deviate from the agreed route

nor from the usual route. But a clause was brought in by Article IV (4) which provides that

any deviation in saving or attempting to save life or property at sea or any reasonable

deviation shall not be deemed to be an infringement or breach of these rules.

Also, the carrier is expected to properly and carefully load, handle, stow, carry, keep, care

for, and discharge the goods carried8

THE DUTY OF SEAWORTHINESS UNDER THE HAMBURG RULES

8
Hague-Visby Rules Art 11 rule 2
The Hamburg rules have no express provision imposing the duty of seaworthiness. Hamburg

rules omitted the provision on the ground that it is sufficient for the purpose of establishing

the liability of the carrier to adopt the principle of the ‘presumed fault’ and to place on the

carrier the burden of proving that it acted with due diligence. The presumed fault based

system means that the carrier is presumed to be at fault for loss or damage to the goods or for

delay unless it proves that he, his servants or agents took all measures that could reasonably

be required to avoid the occurrence and its consequences. This is evident from a post clause

inserted at the end of the Hamburg Rules that states as follows:

‘It is the common understanding that the liability of the carrier under this Convention is based

on the principle of presumed fault or neglect. This means that, as a rule, the burden of proof

rests on the carrier but, with respect to certain cases, the provisions of the Convention modify

this rule.’

DUTY OF SEAWORTHINESS ROTTERDAM RULES UNDER THE RULES

The Rotterdam rules preserved the traditional duty of the carrier to exercise due diligence to

keep the vessel seaworthy. Under its Art. 14, the convention reintroduces the duty of

seaworthiness. It imposes the three distinct aspects of seaworthiness recognized in maritime

law, namely, the physical condition of the ship, the efficiency of the crew and equipment,

and cargo worthiness of the vessel. As the Rotterdam rules are aimed to apply to other

modes of transportation other than the sea leg, the provision has a title specific obligation

applicable to the voyage by sea. The duty to exercise due diligence to make the ship

seaworthy is a continuous obligation. This is obvious from its expression of during the

voyage by sea under Art-14 of the Rotterdam rules places the duty on the carrier to exercise

due diligence to keep the vessel seaworthy throughout the voyage. This means that the carrier

is required to exercise due diligence before, at the beginning of, and during the voyage by sea
to make and keep the vessel seaworthy. This continuous seaworthiness obligation means that

if at any point during

the sea leg of the voyage the vessel becomes unseaworthy, the carrier would be required to

take all reasonable steps as may be necessary to ensure the seaworthiness of the vessel, and

not just before and at the beginning of the voyage. The seaworthiness obligation under the

Rotterdam Rules has been made continuous. In assessing the condition of seaworthiness, one

should take into consideration the nature of cargo to be carried, the weather condition, the

condition of voyage etc.

2.2) LIABILITIES OF THE CARRIER UNDER THE HAGUE RULES, HAGUE -

VISBY RULES, HAMBURG AND ROTTERDAM RULES

The carrier or the agent of the carrier shall be liable for loss or damage arising or resulting

from his failure to exercise due diligence on the part of the carrier to make the ship

seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to

make the holds, refrigerating and cool chambers and all other parts of the ship in which the

goods are carried fit and safe for their reception, carriage and preservation. Whenever loss or

damage has resulted from unseaworthiness the burden of proving the exercise of due

diligence shall be on the carrier or other person claiming exemption under this Article.

Furthermore, the carrier shall be responsible for loss or damage arising or resulting from:

(a) Acts, neglect, or default on his own part or that of his servants in the navigation or in

the management of the ship;

(b) Fire, caused by the actual fault or privity of the carrier;

Moreover, the carrier shall be liable for any delay in delivery of the goods to the consignee.

Also, in situations that the shipper has declared the nature and value of goods before

shipment and inserted in the bill of lading, the carrier shall become liable for any loss or
damage or in connection with the goods in an amount not exceeding £100.00 sterling per

package or unit, or the equivalent of that sum in other currency.

LIABILITY OF THE CARRIER FOR LOSS, DAMAGE OR DELAY UNDER THE

ROTTERDAM RULE

Article 17 Basis of liability

1. The carrier is liable for loss of or damage to the goods, as well as for delay in

delivery, if the claimant proves that the loss, damage, or delay, or the event or

circumstance that caused or contributed to it took place during the period of the

carrier’s responsibility

2. Notwithstanding paragraph 3 of this Article, the carrier is liable for all or part of the

loss, damage, or delay:

(a)If the claimant proves that the fault of the carrier or of a person referred to in

Article 18 caused or contributed to the event or circumstance on which the carrier

relies; or (b)If the claimant proves that an event or circumstance not listed in

paragraph 3 of this Article contributed to the loss, damage, or delay, and the carrier

cannot prove that this event or circumstance is not attributable to its fault or to the

fault of any person referred to in Article 18.

3. The carrier is also liable, notwithstanding paragraph 3 of this Article, for all or part

of the loss, damage, or delay if:

(a)The claimant proves that the loss, damage, or delay was or was probably caused by

or contributed to by:

(i)The unseaworthiness of the ship;

(ii)The improper crewing, equipping, and supplying of the ship; or

 (iii)The fact that the holds or other parts of the ship in which the goods are carried, or

any containers supplied by the carrier in or upon which the goods are carried, were

not fit and safe for reception, carriage, and preservation of the goods.

EXCLUSION OF LIABILITY OF CARRIER UNDER THE 1924 RULES

A) Under Article 4 (1), the carrier or the ship is not liable for loss or damage resulting

from unseaworthiness unless caused by want of due diligence on the part of the carrier

to the ship sea worthy and to secure that the ship is properly manned, equipped and

supplied and in accordance with the duties imposed on the carrier under Article 3. The

Hague Rules did not go so far as to enact all the shipper’s demand, and various

significant exclusions of liability did remain in favour of the shipper’s this is most

obviously seen in article IV.

The Act further puts the burden of proving the exercise of due diligence on the carrier

or any other person claiming exception under this Article.

a) The ship and carrier are expected from liability arising from:

- Act, neglect, or default of the master, marine, pilot or the servants of the carrier in the

navigation or in the navigation or in the management of the ship

- Fire unless caused by the actual fault or privity of the carrier;

- Perils, dangers and accidents of the sea or other navigable waters.

- Acts of god; those things which happens to humanity which we cannot explain base

on our human reasoning

- Act of war

- Act of public enemies

- Arrest or restraint or princes, rulers or people or seizure under legal process;

 - Quarantine restrictions ( for instance due to the outbreak of Covid 19 you were stop or

restricted for continues for a particular journey until proper checks were done. And

this let to the damage).

- Strikes or lock outs or stoppage or restraint of labour from whatever cause, whether

partial or general

- Riots and civil commotions

- Saving or attempting to save life or property at sea

- Wastage in bulk or weight or any other loss or damage arising from inherit defect,

quality or vice of the goods

- Insufficiency of packing

- Insufficiency or inadequacy of marks

- Latent defects not discoverable by due diligence

b) Article 4 (5) further limited the liability of the carrier or the ship to an amount not

exceeding 100 pounds sterling per package or unit.

DUTIES OF THE SHIPPER IN LINE WITH THE HAGUE AND HAGUE -VISBY

RULES

By contrast, the Shipper has fewer obligations (mostly implicit)

 To pay freight: under law of contract we are told that consideration is simple the

price for which the promise of the other party is bought. So each party must have

given something in return for a contract to be form. Hence, the fact that the carrier

has accepted to carry the goods belonging to the shipper, the shipper is expected

to give back something in return for such gesture. The law requires that

consideration must be in monetary value. It must be paid at a reasonable time

agreed by the parties to the contract.

  To pack the goods sufficiently for the journey: the shipper or the seller is

presumed to have a better understanding of the goods he or she intends to sent,

so he is better place to pack the goods for that journey.

 To describe the goods honestly and accurately

 Not to ship dangerous cargoes (unless agreed by both parties). Dangerous goes are

goods which post a message treat to the passengers, the other goods on the ship,

the ship and the environment at large. So for such goods to be accepted for

shipment, the both parties must give their consent to it.

 To have goods ready for shipment as agreed (q.v ‘notice of readiness to load’ 9.

None of these shippers’ obligations are enforceable under the rules; instead they

would give rise to a normal action in contract.

2.5 DUTIES OF THE SHIPPER UNDER THE HAMBURG RULES

Article 13

Special rules on dangerous goods

1. The shipper must mark or label in a suitable manner dangerous goods as dangerous.

2. Where the shipper hands over dangerous goods to the carrier or an actual carrier, as the

case may be, the shipper must inform him of the dangerous character of the goods and, if

necessary, of the precautions to be taken. If the shipper fails to do so and such carrier or

actual carrier does not otherwise have knowledge of their dangerous character:

(a) the shipper is liable to the carrier and any actual carrier for the loss resulting from the

shipment of such goods, and

(b) the goods may at any time be unloaded, destroyed or rendered innocuous, as the

circumstances may require, without payment of compensation

9
The Mihailis Angelos (1971) 1QB 164
3) the shipper is deemed to have disclose to the carrier the accuracy of particulars relating to

the general nature of the goods, their marks, number, weight and quantity furnished by him

for insertion in to the bill of lading.

LIABILITY OF THE SHIPPER

The shipper must indemnify the carrier against the loss resulting from inaccuracies in such

particulars.

The shipper is liable for loss sustained by the carrier and for damage to the ship, as well as

certain responsibilities and liabilities of the shipper in respects to dangerous goods.

2.6 DUTIES OF THE SHIPPER TO THE CARRIER UNDER THE ROTTERDAM

RULE

Article 27 holds that the shipper has the right to Deliver the goods for carriage that is, the

shipper is expected to ensure that:

1. Unless otherwise agreed in the contract of carriage, the shipper shall deliver the

goods ready for carriage. In any event, the shipper shall deliver the goods in such

condition that they will withstand the intended carriage, including their loading,

handling, stowing, lashing and securing, and unloading, and that they will not

cause harm to persons or property.

2. The shipper shall properly and carefully perform any obligation assumed under

an agreement made pursuant to Article 13, paragraph 2.

3. When a container is packed or a vehicle is loaded by the shipper, the shipper shall

properly and carefully stow, lash and secure the contents in or on the container or

vehicle, and in such a way that they will not cause harm to persons or property.

Article 28 Cooperation of the shipper and the carrier in providing information and

instructions The carrier and the shipper shall respond to requests from each other
 to provide information and instructions required for the proper handling and

carriage of the goods if the information is in the requested party’s possession or

the instructions are within the requested party’s reasonable ability to provide and

they are not otherwise reasonably available to the requesting party.

Moreover, Article 29 held that the Shipper’s obligation is to provide information,

instructions and documents:

1. The shipper shall provide to the carrier in a timely manner such information,

instructions and documents relating to the goods that are not otherwise reasonably

available to the carrier, and that are reasonably necessary: (a)For the proper

handling and carriage of the goods, including precautions to be taken by the

carrier or a performing party; and (b)For the carrier to comply with law,

regulations or other requirements of public authorities in connection with the

intended carriage, provided that the carrier notifies the shipper in a timely manner

of the information, instructions and documents it requires.

2. Nothing in this Article affects any specific obligation to provide certain

information, instructions and documents related to the goods pursuant to law,

regulations or other requirements of public authorities in connection with the

intended carriage.

LIABILITY OF THE SHIPPER

Article 30 lays down the basis of shipper’s liability to the carrier

1. The shipper is liable for loss or damage sustained by the carrier if the carrier proves that

such loss or damage was caused by a breach of the shipper’s obligations under this

Convention.
2. Except in respect of loss or damage caused by a breach by the shipper of its obligations

pursuant to Articles 31, paragraph 2, and 32, the shipper is relieved of all or part of its

liability if the cause or one of the causes of the loss or damage is not attributable to its fault or

to the fault of any person referred to in Article 34.

3. When the shipper is relieved of part of its liability pursuant to this article, the shipper is

liable only for that part of the loss or damage that is attributable to its fault or to the fault of

any person referred to in Article 3

Article 32 Special rules on dangerous goods. When goods by their nature or character are, or

reasonably appear likely to become, a danger to persons, property or the environment:

(a)The shipper shall inform the carrier of the dangerous nature or character of the goods in a

timely manner before they are delivered to the carrier or a performing party. If the shipper

fails to do so and the carrier or performing party does not otherwise have knowledge of their

dangerous nature or character, the shipper is liable to the carrier for loss or damage resulting

from such failure to inform; and

(b)The shipper shall mark or label dangerous goods in accordance with any law, regulations

or other requirements of public authorities that apply during any stage of the intended

carriage of the goods. If the shipper fails to do so, it is liable to the carrier for loss or damage

resulting from such failure.

2.6 OBLIGATION OF A CONSIGNEE

Article 43 dwells on the Obligation of the consignee to accept delivery When the goods

have arrived at their destination, the consignee that demands delivery of the goods under the

contract of carriage shall accept delivery of the goods at the time or within the time period

and at the location agreed in the contract of carriage or, failing such agreement, at the time

and location at which, having regard to the terms of the contract, the customs, usages or
practices of the trade and the circumstances of the carriage, delivery could reasonably be

expected.

Also, Article 44 Obligation to acknowledge receipt. on request of the carrier or the

performing party that delivers the goods, the consignee shall acknowledge receipt of the

goods from the carrier or the performing party in the manner that is customary at the place of

delivery. The carrier may refuse delivery if the consignee refuses to acknowledge such

receipt.

Application of the Hague Rules

The principle regarding the applicability of the Hague Rules is that they apply to contracts of

carriage covered by a bill of lading or any similar document of title. More importantly, article

1(b) which states that contracts of carriage apply only to contracts of carriage covered by a

bill of lading or any other similar document of title including any bill of lading.

CHANGES BROUGHT IN BY THE HAGUE-VISBY RULE

We shall now go over to see how the Hague Visby Rules have either tried to cure the defects

or fill the lacuna created by the Hague.

Period of Responsibility

When we compare the Hague rules we realise that the Hague- Visby Rules placed great

importance on the question of liability and it was decided as a fundamental rule that, the

liability of the carrier would begin with the loading of the ship, and end with discharge from

the ship. Complete freedom of contract is maintained for the regulation of liability before

loading and after discharge. This is because the rules for loading and discharge are different

from one country to the other and the carrier has very little control when the goods are not

aboard his ship.

Also, Article 4 (5) of the Hague Visby Rules, holds that the carrier is liable ‘for any loss or

damages to the goods’. This article further stresses on the fact that, when talking about

damage, it would be assessed at the difference between the market value at the time of

contracted delivery and the time of actual delivery to get the degree of loss suffered.

Damage is simply a monetary compensation wherein the courts aim at putting the non-

defaulting party at the position that he or she was before the contract was breached. Damages

are been classified in too two; we have general damage and specific damage. More so,

damage is just one of the relief available to the courts as far as resolution of disputes is

concerned.

HAMBURG RULES

Important Features of the Hamburg Rules

1) A distinction between ‘carrier’ and an ‘actual carrier’; one of the main features of the

Hamburg Rules was to draw a distinction between this two. The carrier is the person

who enters in to a contract of carriage with the shipper. The actual carrier is the

person to whom the actual carriage of the goods has been entrusted.

By virtue of Article 10 of the rule, the carrier remains primarily responsible for the entire

carriage, notwithstanding any delegation, while the actual carrier is jointly and severally

liable for part of the carriage which he undertakes.

2) A wider definition of ‘contract of carriage’, the Hamburg Rules are not restricted to

contracts of carriage ‘covered by a bill of lading or other similar document of title.

The Hamburg Rules are not restricted to negotiable bills of lading and may be

applicable to non-negotiable bills of lading, seaway bills and electronic documents

 3) The period of carrier’s responsibility is extended; the responsibility of the carrier for

the goods cover the during which he is in ‘charge ‘of the goods at the port of lading,

during the carriage, and at the port of discharge.

4) The basis of carrier’s liability under the Hamburg rule is based on ‘presumed fault’

which means that as a rule the burden of proof rests on the carrier. It envisages 3

important points:

1) the carrier is liable for loss of or damage to goods, delayed deliveries if such losses

and damage or delayed delivery of goods occurred while the goods are under his

charge.

2) the carrier is absorbed from liability if he, his agents or servants have taken all the

care which could reasonable by required of them to avoid the loss, danage or delay

delivery in question

3) in contrast to the position under the Haque Visby Rules, it is for the carrier to prove

that he has not be at fault

5) Jurisdiction; wider choice of courts; under the Hamburg Rules, the plaintiff is given a

wide choice of courts in which to initiate judicial or arbitral proceedings. The

plaintiff has an option of instituting proceedings in any court situated in one of the

following places;

1) The principal place of business or, in the absence thereof, the habitual residence of

the defendant

2) The place where the contract was made provided that the defendant has the place

of business, branch or agency through which the contract was made

3) The port of loading or the port of discharge;

4) Any additional place designated for that purpose in the contract of carriage by sea.

THE ROTTERDAM RULES

On the 11 of December, 2008 the United Nations adopted a new Convention Known as the

United Convention for international carriage of goods wholly or partly by sea which is

termed the Rotterdam Rules.

It was to go operational after ratification by the required number of states.

The aim of this Convention was as follows;

1) To bridge the gaps existing in international legal framework in respect of bills of

lading and seaway bills

2) The rights and obligations of seller, buyer and the parties providing international

financing

3) The uncertainties caused by electronic communication.

Cameroon is a signatory to this convention. The signing ceremony took place on the 23 rd of

September 2009.

SCOPE OF APPLICABILITY

- According to Article 5(1) we talk about a contract where the port of loading or place

of acceptance or port of discharge or place of delivery are located in different states.

The rule have a wide applicability in that there is no requirement that either places or

ports be in the contracting states. It is sufficient if one of the state is a contracting state

- The wide nature of the Rotterdam convention could be understood in that; the

Rotterdam rules include not only carriage by sea but also other modes of transport

used in addition to the sea carriage. Article 1 (1) in other words, bring in the issue of

‘door to door’ transport within the scope.

When goods are carried partly by sea and partly by road but were the port of delivery

is in a contracting state, the Rotterdam Rule will apply. But we know that there are

different rules governing the various modes of transport, so how does the RR Fit in to
 avoid conflict. In order to avoid conflict with other conventions relating to a carriage

by other modes, the RR has made way for Network Liability.

- Unlike the Hague -Visby Rules, the RR do not require any specific document or a

similar document to be issued in order for it to be applicable. It applies to all transport

documents such as waybill, negotiable transport documents or bills of ladings. It

refrains from using the word bill of lading and adopts the phrase ‘Negotiable transport

documents’ as seen in Article 1(1).

- The RR recognize electronic versions of transport documents negotiable and non-

negotiable. Article 9 requires that where such electronic documents are used,

procedures for methods of issuing and transferring the record ensuring their integrity,

methods for holder and confirmation of delivery to the holder are in place.

- As in the Hague-Visby and Hamburg Rules, charter parties are excluded from the RR

ATRICLE 6 clearly states that.

- The RR are not applicable to gratuitous carriage since Article 1(1) specified that

contract made by the carrier for the carrying of goods should be against payment of

freight

- The RR apply to all cargo unlike in the Hamburg Rules where there are specific

provisions in respect to deck cargo and animals. The carrier is required to carry goods

by deck where:

 It is required by statutes and regulation

 They are carried in containers or vehicle

 The carrier and shipper have agreed in their contract of carriage

 There is usage or practice to do so in a particular trade Article 25(1) and ©

According to the Rotterdam Rule, the time for instituting an action, be it arbitral or judicial is

two years according to article 62 (1) of the Rotterdam Rule which is not different from the
Hamburg Rules and the Cemac rules. The period according to Article 62(1) starts from the

day the carrier has delivered the goods. It is possible that the carrier might have delivered

only part of the goods or has delivered no goods at all, in this circumstances, the

commencement is the day on which the goods should have been delivered.
Both the Hamburg and Rotterdam rules adequately provides for alternative option in case of

refusal to take delivery by the shipper or consignee nonetheless, the Rotterdam rules seems to

be more detailed in how this issues are resolve compared to its counterpart the Hamburg

rules.

Article 4(2)(b) of the Hamburg rules is a provision relating to the person to whom the goods

shall be delivered: (a) the carrier shall deliver the goods to the consignee; (b) in the event that

the consignee does not take delivery of the goods from the carrier, the carrier shall deliver the

goods by placing them at the disposal of the consignee according to the contract or applicable

law or particular trade practice at the discharging port; and (c) in accordance with the

applicable law or regulations at the port of discharge, the carrier shall deliver the goods by

handing over the goods to an authority or other third party to whom the goods must be

handed over. Article 15(1)(n) is the provision with respect to the date or the period of

delivery of the goods.

REGIONAL LAWS REGULATING CARRAIGE OF GOODS BY SEA

THE CEMAC RULES

The area of International Maritime transport in the CEMAC region is governed by the Cemac

Merchant Shipping Code known in French acronym as Code Communautaire de marine

merchand. Article 409 of the Cemac Merchant Shipping Code is on the liability of the

transporter which corresponds to Article 5 of the Hamburg Rules.