Forwarderlaw e-news: September 2013

By Land or By Sea - A Comparison of the Fundamentals of the Carmack and COGSA Liability Regimes 

In the most recent instalment of his Legal Lookout column, our US West Coast Member discusses the two key legal regimes for transportation of goods in the United States. In this first part he provides a background to the Carmack and COGSA regimes, in the second part (to be republished here in October) he discusses the jurisdiction, liability standards, and defences under the two regimes. For more click here:

http://www.forwarderlaw.com/library/view.php?article_id=908

Danish Case Law: Carriers’ Custody and Liability for Goods in Terminals 

Art. 274 of the Danish Merchant Shipping Act, which regulates the carriers' liability for goods in their custody, was initially framed on the basis of the Hague Visby Rules - the tackle-to-tackle principle. It was amended in 1994 to comply with the Hamburg Rules, including for liability including liability for the entire period of custody. Our Member for Denmark Henrik Thal Jantzen and colleague Tobias Triton Frost review two recent Supreme Court cases addressing these principles:

http://www.forwarderlaw.com/library/view.php?article_id=911

FMC Report on Cargo moving through Canadian and Mexican Seaports - 1 year later

The FMC has released its follow-up report on imports of cargo to the US that are being routed through Mexico or Canada rather than US ports, and principally the ports of Prince Rupert and  Lázaro Cárdenas. Perhaps because the volume increases have flattened, the report does not make dramatic recommendations, although it does address use of the harbour Maintenance Tax. For a review by General Editor Gavin Magrath as well as a link to the report click here:

http://www.forwarderlaw.com/library/view.php?article_id=909

Port Dues and Tariffs in Russia and Ukraine

The Law on Sea Ports of Ukraine dated 12 May 2012 came into effect in June 2013; Olexandr Chebotarenko of Interlegal (Ukraine) reviews the consequences of its implementation in the context of the Russian Federal Law on Ports of 2007:

http://www.forwarderlaw.com/library/view.php?article_id=910

General

Previous e-news summaries and all past articles are available and searchable on-line at

www.forwarderlaw.com

Please send this edition of Forwarderlaw E-news to a friend who would benefit from an introduction to this resource. 

If you would like to be removed from the mailing list hit your reply button and type "unsubscribe" in the subject line. 

Thank-you for reading!