This thesis explains that the development of the law of the carriage of goods by sea has led to the appearance of the Hague, Hague-Visby and Hamburg Rules. The existence of these different conventions plainly contributes to the breakdown of uniformity. The thesis, nevertheless, argues that international uniformity is still valuable since it reduces the legal costs significantly. However, many conflicts arise among the various countries in interpreting these conventions. Such conflicts lead to uncertainty and unpredictability, and in consequence, to the increase of legal costs. In proving the latter, the thesis examines and evaluates the conflicts of interpretations of these conventions brought on by containerisation. The thesis proves the inadequacy of various propositions on the question of how to avoid such conflicts. It argues, however, that the failure to consider foreign decisions is a significant factor of having such conflicts. In proving the latter, the thesis provides a comparative study in evaluating various courts' decisions that relate to containerisation. The thesis, however, evaluates different measures to achieve international uniform interpretations. Most of these measures are not completely satisfactory solutions to such achievement. Accordingly, the thesis examines the obstacles that may face the applicability of comparative law in practice, and the capability of avoiding these obstacles. The thesis also offers various observations in relation to how the national courts shall consider comparative law. The key point is that the divergence that characterised the interpretation of the existing conventions will reappear unless there is some obligation on national courts to consider and apply comparative law. The thesis therefore proposes that any future convention relating to the law of carriage of goods by sea shall specify that the national courts of every contracting state shall refer to the decisions of the other contracting states when dealing with questions of interpretation.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:391449 |
| Date | January 2002 |
| Creators | Mahafzah, Qais Ali Mufleh |
| Publisher | Durham University |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | http://etheses.dur.ac.uk/1248/ |
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