Does Maltese law sufficiently cater for the international carriage of goods by sea?

Abstract

Virtually all sea carriage is governed by one of the international liability regimes of the Hague Rules, the Hague-Visby Rules or, to a lesser extent, by the Hamburg Rules. As the title suggests, the principal aim of this thesis is to determine whether Malta, in the context of the above-mentioned regimes, has kept itself abreast with the international developments in this field, thus offering appropriate legislation regulating the carriage of goods by sea. To establish such a fact, it was essential for this thesis to thoroughly examine these international regimes together with the current developments in this field, in an attempt to comprehend and critically evaluate Malta's existing legislative situation. The background of this thesis shall be considered in its first chapter, offering a historical analysis of the facts that led to the enactment of the most renowned carriage liability regimes. In the first part of this chapter, the scenario prior to any form of legislation shall be portrayed, with particular reference to the United Kingdom (UK) and the United States (US), followed by an examination of the driving forces that led to such legislation. The second part of this chapter shall provide a general overview of the three major liability regimes regulating the carriage of goods by sea, that is, the Hague, Hague Visby and the Hamburg Rules. The second chapter of this thesis reveals an extensive analysis of the Hague and Hague-Visby Rules, assessing the applicability of the Rules, with particular attention to the varying criteria in determining such application and how these criteria differ under both regimes. This chapter shall then go on to examine the contents of the Hague and Hague-Visby Rules, in particular the carrier's responsibilities and liabilities, his rights and immunities and the limitation of liability, supplemented with an in depth analysis of both local and international jurisprudence. Chapter three provides a comprehensive examination of the action for damages, highlighting the various stages when instituting such an action based on the contract of carriage. This chapter shall also consider, with reference to English law, the transfer of the right of action thus determining whether the claimant has a title to sue, and concluding with a reference to the non-applicability of the Rules, with particular regard to the Maltese situation, highlighting its vulnerable position at present. Chapter four turns its attention to the most recent developments, both internationally as well as on a European level, relating to the laws regulating the carriage of goods by sea. Most importantly, chapter five reveals the imminent need for Malta to review its current sea carriage legislation, complemented by a number of local jurisprudence highlighting these circumstances. Moreover, this chapter shall attempt to resolve the question posed in the title of this thesis by identifying the way forward, thus proposing a number of amendments to Maltese legislation regulating this field.