A Comparative Analysis on the Identification of the Bill of Lading Carrier

• 발행기관: 한국무역학회
• 저자명: Won Jeong Lee
• 간행물 정보: 『Journal of Korea Trade (JKT)』Vol.10 No.2, 143~167쪽, 전체 25쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2006.08.30

영문 초록

Where the carrying vessel is under a time charter, the identification of the bill of lading carrier is one of the controversial issues in the law regulating carriage of goods by sea. Cargo claimants are often not sure whom they should sue - the shipowner or the time charterer, or indeed both. This article attempts to examine some national courts attitudes toward the identification of the bill of lading carrier and to offer advice on how to deal with it. The comparative analysis of some national decisions shows that, in the absence of uniformity of international maritime law, the courts handling the identity of carrier problem often adopt different approaches. This article suggests that the identity of carrier problem must be approached from a commercial standpoint which takes account of the bill of lading holder s perception, placing more importance on the carrier s name on the heading of the bill of lading. Further, this article calls for an approach which will lead to joint liability of the shipowner and the time charterer when the bill of lading does not contain a clear statement as to the identity of the carrier on its face and or if the carrier is insolvent.

목차

Abstract

Ⅰ. Introduction

Ⅱ. Importance of Identifying the Carrier

Ⅲ. Approach for Identifying the Carrier

Ⅳ. Comparative Analysis

Ⅴ. Conclusion

References

키워드

contract of carrige of goods by sea bill of lading carrier time charter demise clause identity of carrier clause