An analysis of the Rotterdam rules and their possible effects on Maltese law

Abstract

During the UN General Assembly's 6ih plenary meeting held on the 11th December 2008, the Resolution was passed adopting the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (to be referred to as the 'Rotterdam Rules') and called upon all Governments to consider becoming a party thereto. This Convention represents the culmination of over ten years of intensive negotiations and efforts of the CMI and UNCITRAL in addition to various other interested parties. In essence, it is one of the major international legislative advancements in the field of the carriage of goods by sea in over thirty years. In most respects, the Rotterdam Rules have continued building on the principles long-established by past sea carriage conventions. However, there were various issues which have been in dire need of revision and others that were completely devoid of any regulation and thus required attention on an international law level to facilitate global commerce. The aim of this thesis is to analyze the most significant elements comprised in the Rotterdam Rules in contrast to their counterparts in past carriage of goods by sea conventions and in the light of present Maltese law whilst noting possible amendments which may be required should the Rules be incorporated into domestic law. After a brief overview of the background and history leading up to the finalization of the Rotterdam Rules, the thesis delves into examining the scope of application of these Rules followed by the very core of carriage of goods by sea law in the exploration of the carrier's position under the Convention and the introduction of the notion of transport documents. The last two chapters are then dedicated to the position of the shipper and the issue of jurisdiction and arbitration, after which some concluding remarks are presented.