Rotterdam-reglerne

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Rotterdam-reglerne

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Title: Rotterdam-reglerne
En multidisciplinær risikominimeringsanalyse af udvalgte emner
Author: Andersen, Thorsten
Abstract: The Rotterdam Rules – A multi-disciplinary risk minimising analysis of chosen subjects International transport of goods plays a major role in our everyday life even though we normally don’t think about the travel the goods have made before we purchase it in the shops. About 90 % of all goods have travel by ship and ships under Danish flags transport about 10 % of the amount estimated on the value of the goods. The large amounts of international trade demand an international corporation concerning international law. The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (The Rotterdam Rules) is such an attempt. The Rotterdam Rules are so far not a success due to the low number of participants. It might change due to the early stage in the progress. The rules change the obligation of the “shipper” and give the opportunity to deal with multimodal transport in a door-to-door solution. If the parties are not aware of the modification of the rules it can cause economic harm to either one or both parties. If the transport document is not updated according to the transport method and the transported goods, there is a major risk of disagreement if the goods are damaged during transport. Normally the legal point of view is risk minimising to minimize the potential downside and the economic view is to maximize the potential upside. An economic recession changes the needs and even economics have to focus on risk minimising. The multidisciplinary risk minimising analysis is therefore focused to minimise the potential downside. In the view of the Rotterdam Rules the shipping company needs to be up to date to minimise the losses from potential lawsuits. In the multimodal door-to-door transport solution opens up for sub-contractors where the carrier is liable for their act, if the carrier has hired the subcontractor. The shipper is liable for the goods during the transport if the goods are damaged due to poorly packing even though the shipper has no control of the goods during the transport. The legal riskiness can be avoided by applying own contracts which are a mixture of the Rotterdam Rules and the present legal system. The main idea of the corporation along the Rotterdam Rules to get a modern set of rules is a step in the right direction but the lack of states to participate makes the success of the Rotterdam Rules doubtful. Further more the rules are too detailed and limit the freedom of contracts – if the parties do not choose to use the volume contract opportunity.
URI: http://hdl.handle.net/10417/2767
Date: 2011-12-22
Pages: 137 s.
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