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Containerization: Effects on the Contracts of Carriage by Sea and of Sale Involved in an International Trade Operation

By Orrù Elena


Almost more than 60 years passed since the first use of a container for the carriage of goods: its relevant effects on the organization of the carriage of goods and the related services are widely known. In particular, the use of containers has not only affected the practical organization of the carriage and the other services involved in a complex transport operation, not only the structure of transport infrastructures, such as terminals and ports, some of which became specialized on containerized cargo, but also - and as a consequence - has required to adapt the performances by the different parties involved in trading of containerized goods. Therefore, not only it should be usually reflected in the contract terms, but it must also be considered by the legal expert when applying the relevant regime to these contract relationships. The article identifies, analyses and discusses some of the main issues concerning the use of containers in international trades, through the exam of the relevant case-law and contributions by legal authorities and scholars, in order to propose possible solutions to the issues that containerization still involves

Topics: 1956/1972 Customs Container Convention (CCC), 2010 Incoterms® Rules, Containers, Containerized cargo, Carriage of goods by sea, contract of carriage, contract of international sale of movable goods, FCL, Hague-Visby Rules, Hamburg Rules, International Convention for Safe Containers (CSC) 1972, LCL, Rotterdam Rules, US Carriage of Goods by Sea Act (COGSA)
Publisher: Bonomo Editore
Year: 2017
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