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The "United Nations Convention on Carriage of Goods by Sea, 1978", referred to as the "Hamburg Rules", will enter into force between the Contracting States on the 1st November 1992. / This thesis examines the first five articles of the Convention and principally intends to depict their working in a structured and clear manner. It further reveals that their drafters primarily aimed: (1) at adjusting the distribution of the risks of sea-carriage between carrier and cargo-interest, which prevails under the "Hague Rules", to its contemporary legal and factual environment and (2) at promoting uniformity and certainty in the application of the Convention, as compared to the "Hague Rules". / The Convention indeed significantly, as compared to these "Hague Rules", strengthens the fault-based liability of the carrier and expands the documentary, geographic and temporal scope of application of the mandatory regime that both of these conventions contain.

Thesis (doctoral)--Universität Erlangen.

This diploma thesis analyzes the maritime container transport, it's history and development and the types of containers. It deals with the current situation in the maritime transport market. The main emphasis is on detailed description of the transport chain. The paper also deals with documents that are carried by sea, especially the Bill of Lading. This is a specific document, among other it is a tradable security. In the thesis there have also been mentioned the current issues of liability and insurance - (Rotterdam Rules and INCOTERMS 2010).

Abstrakt  Den här studien handlar om att ta reda på varför elektroniska bill of ladings inte används i internationell handel. Bill of lading är den äldsta frakthandlingen som fortfarande används inom sjötransport. I studien används en rättdogmatiskmetod i kombination med kompletterande samtal med personer som arbetar med dokumenten på en dagligbasis, representanter från två olika banker. Resultatet visar att anledningen bakom det låga intresset kring eB/L är säkerheten bakom dom negotiable dokumenten. I dagsläget finns ingen lag eller konvention som stödjer någon elektronisk transaktion av värdepapper. För att använda sig av den här typen av transaktioner måste dokumenten vara non-negotiable och kan inte överföras till en tredje part under resans gång. För att lösa den typen av transaktioner har några företag implementerat blockchainsystemet som ett säkert sätt att överlåta värdepapper elektroniskt. / Abstract  This Thesis is about finding the reason why the electronic bill of lading is not actively used in international trade. Bill of lading is the oldest transport document that is still used in maritime transport. In this thesis the legal method is combined with interviews with concerned parties who is working daily with these documents, two representatives from two different banks. The results show that the reason behind the lack of interest in eB/L is that there is no security behind the negotiable document. As of today, there is no convention or law that supports an electronic transfer of a document of title. To use these transfers the document must be non-negotiable and cannot be traded to a third party during the voyage. To solve the transfer of the documents, some companies have implemented the blockchain system as a safe way to trade documents of title electronically.

Indemne…devrait être acheminée la marchandise à bon port ! Telle est la simple quintessence de la responsabilité du transporteur maritime. Or, la simplicité du principe ne signifie pas pour autant la commodité d’application. Si pour Marx, la marchandise est à la fois « la forme élémentaire et la forme universelle de la richesse », pour le transporteur maritime elle est à la fois la raison et la finalité. La raison de son existence économique ; et la finalité de son devoir juridique comme responsable du transport et de l’intégrité de celle-Ci. Terreau fertile aux conflits, la responsabilité du transporteur maritime marocain et français s’avère un véritable champ de mines. Cycliquement chamboulés, les régimes et règles de telle responsabilité demeurent confusément disséminés dans les droits d’ordre interne et les réglementations internationales, et sont complexes à appréhender. Dans une perspective juridico-Économique, la présente thèse s’est fixée le dessein de déconstruire l’archétype de la responsabilité du transporteur maritime, dans son « fondement » et sa « portée ». Autrement dit, de disséquer la contexture de ses règles, ses champs d’application et sa mise en œuvre. Se voulant d’ordre pratique, l’analyse s’efforcera de pénétrer le vif des intrications soulevées par les règles de responsabilité ; saisir les subtilités techniques et commerciales, au même titre que les difficultés et contestations élevées entre les transporteurs et les ayants droit quant aux dommages causés à la marchandise. / The good should be shipped safely to the desired port! That is the simple quintessence of the marine carrier’s liability. However, the simplicity of the principle does not mean the convenience of application. If, for Marx, the good is both “the basic form and the universal form of wealth”, for the marine carrier it is both the reason and the purpose. The reason of its economic existence and the purpose of his legal duty as responsible of the maritime transport and its safety.Fertile soil for conflicts, the liability of the marine carrier in Moroccan and French law is a real minefield. Cyclically turned upside down, schemes and rules of such liability remain confusingly scattered in the internal legislations and international regulations. In a legal and economic perspective, this thesis has set the aim to deconstruct the archetype of marine carrier’s liability in its “foundation" and "impact". In other words, analysing the layout of its rules, its scope and implementation. Intended as a practical thesis, the analysis and methodology used will seek to delve further in the issues raised by the liability rules; understand the technical and commercial subtleties as well as the difficulties and disputes raised between marine carriers and right holders for damages caused to the goods.

University of Macau / Faculty of Law

In the sea trade, the traditional paper-based bill of lading has played an important role across the globe for centuries, but with the advent of advanced commercial modes of transportation and communication, the central position of this document is under threat. The importance of the bill of lading still prevails as does the need of the functions that this document served in the past, although in a changed format. In the recent past, the world has witnessed a lot of debate about replacing this traditional paper-based document with an electronic equivalent that exhibits all of its functions and characteristics, both commercial and legal. More specifically, unlike many rival travel documents, such as the Sea Waybill, a bill of lading has two prominent features, that is to say, its negotiability and its acceptability as a document of title in certain legal jurisdictions that are required to be retained in an electronic bill of lading so as to also retain the prominence of this document in the future landscape. This thesis is, however, more concerned about the legal aspects of adopting the electronic bill of lading as a traditional paper-based legal document as well as an effective legal document in the present age. However, the scope of this debate remains primarily focused on the USA and UK jurisdictions. In the course of this thesis, it is observed that, in the past, the bill of lading has been subject to a variety of international regimes, such as The Hague Rules and The Hague-Visby Rules, and presently efforts are being made to arrive at a universal agreement under the umbrella of The Rotterdam Rules, but such an agreement is yet to arrive among the comity of nations. On the other hand, efforts made by the business community to introduce an electronic bill of lading are much louder and more evident. The private efforts, such as the SeaDocs System, CMI Rules, and the BOLERO Project, etc., were, however, received by the fellow business community with both applause as well as suspicion. At the same time, there are a number of concerns voiced by the international business community on the legislative adoptability in national and international jurisdictions and the courts’ approach in adjudicating cases involving electronic transactions and these are making the task of adoption of electronic bill of lading in the sea-based transactions a difficult task. Therefore, in the absence of any formal legal backing from national and international legislations, these attempts could not achieve the desired results. In this thesis, the present situation of the acceptability of electronic transactions in general, and of the electronic bill of lading specifically, has also been discussed with reference to certain national jurisdictions, such as Australia, India, South Korea and China, in order to present comparative perspectives on the preparedness of these nations. On the regional level, the efforts made by the European Union have also been discussed to promote electronic transactions within its jurisdiction. All the discussion, however, leads to the situation where the level of acceptability of electronic bill of lading in the near future is found to be dependent upon the official efforts from the national governments and putting these efforts towards arriving at an agreement on Rotterdam Rules as early as possible. The other area of importance revealed in this thesis is the need for change in juristic approach by the courts while interpreting and adjudicating upon cases involving electronic transactions. On the whole, this thesis has provided a cohesive and systematic review, synthesis and analysis of the history of the bill of lading, its importance as a document of title, and attempts to incorporate its important functions within the fast-paced electronic shipping commerce of today. In such a way it has provided a valuable contribution to the literature by providing a comprehensive resource for jurists, policy-makers and the business community alike, as they work towards adapting the bill of lading so that it might be successfully applied in electronic form.

South Africa is in the critical process of determining the profile of its power composition for the next 30 years and beyond. From the IRP2010 it seems that too much emphasis is placed on renewable energy, coal and other technologies and too little on nuclear power. In the revision of the IRP2010, the renewable portion of the energy composition has been increased substantially from 11.4 to 17.8GW, where nuclear remains on 9.6GW (DME, 2011). The purpose of this research is to investigate and compare power-generating technologies. The investigation of the different technologies is corroborated through modelling the IRP2010 planned energy mix efficiency, as well as a proposed energy mix. These models will be built using Microsoft Excel. Topics not investigated are socio-economic impacts and politics around nuclear energy in South Africa. The main finding of the research is that nuclear power is the best option for base load energy in order to meet South Africa‟s growing demand for electricity. It has the highest load factor, longest economic life, best safety record, adheres to the Kyoto protocol, uses the least fresh water and is economically competitive. It addresses all the concerns stipulated in the IRP2010 and the technology also offers benefits outside the electricity industry, such as the mining, medical, agriculture and research sectors. This versatile, reliable and powerful technology holds great benefits and has the potential to uplift the quality of life for the whole South African nation. / MSc (Nuclear Engineering), North-West University, Potchefstroom Campus, 2015

South Africa is in the critical process of determining the profile of its power composition for the next 30 years and beyond. From the IRP2010 it seems that too much emphasis is placed on renewable energy, coal and other technologies and too little on nuclear power. In the revision of the IRP2010, the renewable portion of the energy composition has been increased substantially from 11.4 to 17.8GW, where nuclear remains on 9.6GW (DME, 2011). The purpose of this research is to investigate and compare power-generating technologies. The investigation of the different technologies is corroborated through modelling the IRP2010 planned energy mix efficiency, as well as a proposed energy mix. These models will be built using Microsoft Excel. Topics not investigated are socio-economic impacts and politics around nuclear energy in South Africa. The main finding of the research is that nuclear power is the best option for base load energy in order to meet South Africa‟s growing demand for electricity. It has the highest load factor, longest economic life, best safety record, adheres to the Kyoto protocol, uses the least fresh water and is economically competitive. It addresses all the concerns stipulated in the IRP2010 and the technology also offers benefits outside the electricity industry, such as the mining, medical, agriculture and research sectors. This versatile, reliable and powerful technology holds great benefits and has the potential to uplift the quality of life for the whole South African nation. / MSc (Nuclear Engineering), North-West University, Potchefstroom Campus, 2015