Determining Liability Of The Carrier Under The Rules Of Contracts Of Carriage By Sea

Gabriel, LLM, Maritime Law, Gujarat Maritime University, Gujarat

The decision of limiting the carrier’s liability to the time period before the commencement of the carriage sounded reasonable when the Hague rules were framed.1 Law governing any aspect must be updated which the growth and development of the subject matters involved. Hence with the shipping and maritime trade flourishing the law governing the liability regime those being the Hague and the Hague Visby must be updated or altered accordingly. Or to the best option should be replaced with a more updated law.2 The seaworthiness obligation has not been amended since the Hague rule of 1924. Hence the need for the same is felt. Technology and better research and development has contributed in reaching out to the vessels under voyage at all times. Any error faced by the vessel in the modern days of transport is rectified at the nearest port available during the voyage. Ultimately there is no room for any excuses which the carrier can put forth for not complying with obligation provision and checking the status of the vessel whether it is seaworthy or not. Now yet the obligation part is squarely less period of time which the carrier has to look after and on the other hand the exceptions which can be used are more and hence facilitates more options for the carrier to get the maximum limitation of his liabilities. Hence the regime of international carriage is required to be updated, which could effectively govern the carriage through sea route.