Transcript Dr. Erik Rosaeg – “The Future of the Rotterdam Rules”

The future of the
Rotterdam Rules
oProfessor Erik Røsæg
oScandinavian Institute
of Maritime Law
oUniversity of Oslo, Norway
[email protected]
ofolk.uio.no/erikro
Rotterdam Rules
o Basis of liability for delay and loss of
to damage to cargo
o Limitation of carriers’ liability
o Shippers’ liability
o Transort documents and delivery
o Transfer of rights
2
The dream of unification
o The idea then
o 1924
o 1968
o 1978
o 1980
o 1999
o 2008
Hague Rules
Hague-Visby Rules
Hamburg Rules
Multimodal Transport
US Senate COGSA Draft
Rotterdam Rules
o The idea now
3
What’s slowing it up?
o Ratifications and signatures
o Spain,Togo and Congo
o It isn’t slow!
4
USA
o
o
o
o
o
Procedure
Status
The ports problem
The constitutional hurdle
Political will
5
11th amendment
“The judicial power of the United
States shall not be construed to extend
to any suit in law or equity, commenced
or prosecuted against one of the United
States by citizens of another state, or
by citizens or subjects of any foreign
state.”
6
The RR and state immunity
o Sturley 79 J. Transp. L., Logistics & Policy 13,
1-28 (2012)
o Constitutional
o Contracts/ agency analogy
o Bankruptcy analogy
o Procedural
o Immunity
o 1926 Convention regarding Immunity of Stateowned Ships
o Recognition
7
Europe
o
o
o
o
o
o
o
Europe follows the US
Political priorities
EU and EU Member States
Multi-modal policy
Jurisdiction
Arbitration
Choice of law
9
Industry
o Montevideo declaration and other
industry views
o Replay attempts
o Limitation amounts
o How important are they really?
o Protection
o Uniformity
10
Another chance
o Models and concepts
o Mandatory or non-mandatory
o The uniform conventions
11