Marine Cargo Claims, 4th Edition, 2007 William Tet Principessa Cient Ed

Review of Marine Cargo Claims, 4th Edition, by William Tetley

Marine Cargo Claims is a comprehensive and authoritative work on the law and practice of cargo claims in international maritime transport. The book was first published in 1978 and has been updated and revised four times since then, most recently in 2007. The author, Professor William Tetley, is a renowned scholar and practitioner of maritime law, who has taught at McGill University in Canada for over 40 years. He is also a former member of the Canadian Parliament and a Queen's Counsel.

The book consists of two volumes, totaling over 2000 pages. The first volume covers the general principles and rules of marine cargo claims, such as the nature and scope of the contract of carriage, the rights and obligations of the parties, the liability regimes under various international conventions and national laws, the defenses and limitations of liability, the burden of proof and evidence, the damages and interest, the jurisdiction and arbitration, and the conflict of laws. The second volume contains detailed summaries of the law on marine cargo claims of some 50 countries, written by legal experts from those jurisdictions. The book also includes appendices with relevant legislation, case law, glossaries, and indexes.

The book is written in a clear and concise style, with extensive references to authorities and sources. It provides a thorough analysis of the complex and evolving issues in marine cargo claims, as well as practical guidance for practitioners and academics. It compares and contrasts the different legal systems and approaches, highlighting the similarities and differences among them. It also examines the historical development and current trends of marine cargo claims law, as well as its future prospects and challenges.

Marine Cargo Claims is an indispensable reference for anyone involved or interested in marine cargo claims. It is a valuable contribution to the field of maritime law and a testament to the author's expertise and experience.

The book is divided into 24 chapters, each covering a specific topic or aspect of marine cargo claims. The chapters are organized in a logical and coherent manner, following the order of proof in a cargo claim. The chapters are also cross-referenced and linked to the relevant appendices and summaries of foreign law. The book provides numerous examples and illustrations of cases and situations to demonstrate the application of the law and the resolution of disputes. The book also offers critical comments and suggestions for reform and improvement of the law and practice of marine cargo claims.

Some of the topics covered by the book include:

The nature and scope of the contract of carriage by sea, including its formation, terms, parties, classification, and incorporation.

The rights and obligations of the shipper, carrier, consignee, endorsee, holder, and third parties under the contract of carriage by sea.

The liability regimes under various international conventions and national laws, such as the Hague Rules, the Hague-Visby Rules, the Hamburg Rules, the Rotterdam Rules, COGSA 1936 and 1992, and other regional and domestic legislation.

The defenses and limitations of liability available to the carrier and other parties involved in marine cargo claims, such as due diligence, inherent vice, perils of the sea, deviation, negligence in navigation or management, fire, nautical fault, package or unit limitation, global limitation, time bar, etc.

The burden of proof and evidence required to establish or rebut a marine cargo claim, including the role of bills of lading, waybills, delivery orders, mate's receipts, notices of loss or damage, surveys, etc.

The damages and interest recoverable in marine cargo claims, including the measure of damages, market value, invoice value, freight charges, consequential losses, mitigation of damages, currency conversion, interest rates, etc.

The jurisdiction and arbitration clauses applicable to marine cargo claims disputes, including their validity, interpretation, incorporation, effect on jurisdictional immunity and action in rem.

The conflict of laws rules governing marine cargo claims disputes, including the choice of law clauses, renvoi doctrine, aa16f39245