The impact of the adoption of the Hamburg Rules on Maltese law on carrier liability

Abstract

Maritime Law is far too big a subject to be dealt with here. Instead this thesis will be limited to the carriage of goods by sea, in particular to the responsibilities and liabilities of a carrier in a contract of carriage by sea. This is perhaps one of the most active and complex areas of the subject, owing to the fact that its scope is to regulate the everyday activities of maritime commerce, while bringing together a variety of legal systems from around the world. Early attempts by the major shipping nations at codifying the more popular mercantile laws, stand as evidence of the weight this field of law carries. Malta has always recognized this significance, as the Consolato del Mare clearly illustrates. The time has now come to reassess these laws so that they may meet the exigencies of a fast evolving maritime trade, while striking a balance between the rights of the shipper and carrier. This is even more so in a country like Malta, which, being an island, depends totally on the carriage by sea in its import/export trade. These are valid enough reasons for Malta to seek alternative regimes, such as that offered by The United Nations Convention on The Carriage of Goods by Sea, 1978, otherwise known as The Hamburg Rules. Although these Rules have not been in force long enough to prove their validity, they certainly constitute a serious attempt to improve and harmonize the law on carrier liability. Their adoption, as we shall see, will not merely serve to better the shipper's position, but will also renew Malta's commitment to attain the unification of such laws, not to mention other indirect consequences on the Maltese commercial and legal set-up. May I take this opportunity to thank all those who helped me in the course of writing this thesis, in particular my tutor, Dr. Max Ganado, special assistant Dr. Andrew Muscat, as well as the staff at the International Maritime Law Institute, and National Library, where most of the research was conducted.