Journal of Legal Research

Journal of Legal Research

Legal advantages of united nations convention on contracts for the international carriage of goods wholly or partly by sea; An approach to supporting the shipper

Document Type : Original Article

Author
Assistant Professor, Department of Law, Faculty of Law and Social Sciences, Payam Noor University, Tehran, Iran.
Abstract
Abstract
The purpose of the present research is identification and analysis the advantages of the “Nations convention on contracts for the international carriage of goods wholly or partly by sea” (approved in 2008), which will be examined and specified in comparison with other conventions. by processing the strengths of this convention based on legal principles in compliance with other maritime transport conventions, various aspects of its comprehensiveness will be revealed. among the advantages is that the aforementioned convention removed the previous restrictions on transport documents (especially binding to the bill of lading and issuing a transport document from a contracting state or unloading in a contracting state); and for the convention to be governed, it considered the connection of the contract in any way to one of the contracting states sufficient. it also covered electronic documents by idiomatic expression of the “Electronic transport record”. also in cases that a part of the transport is by sea and other part or parts is non-sea (land or air) , not just the sea transport part Rather, all parts of transportation are subject to the Convention. in addition, the term performing party has made it possible to extend the legal liability to the secondary carrier, workers, employees and all maritime transport operators
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