The Right to Control The Goods In UAE Law and Rotterdam Rules
DOI:
https://doi.org/10.35246/jols.v37i2.554Keywords:
The Right of Control, The Contract of Sea Carriage, The Bill of Carriage, The Right of The Sender, The Controlling Party, The Documentary ShipperAbstract
This research discusses the right of control in accordance with the rules of Rotterdam, and the UAE Maritime Commercial Law No. (26) of 1981 AD, the right of the sender and the consignee to issue instructions to the carrier regarding the goods, and the topic has been divided into two sections, the first topic entitled What is the right of control for seaborne goods, and the second topic It deals with the rights and obligations of the party controlling the seaborne goods.
he study concluded with many results and recommendations, including: that the right of the sender to direct and dispose of the goods during the sea voyage is not linked to the right of ownership contained in the goods; Because of their independence, the ownership is transferred during the transportation process according to the general rules, and the carrier does not interfere in that, except for what is related to the consignee as a result of the transfer of ownership, and the right to control is the right to change the course of the goods.
The study also concluded that the UAE legislator did not regulate the right of control in a precise manner, as is the case with the Rotterdam Convention, and in order to do so, we suggest that it explicitly stipulate and regulate that right due to its importance.
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References
First - General References:
i. Ahmed Mahmoud Khalil, 2018, Encyclopedia of the provisions of maritime disputes in the maritime commercial law of the United Arab Emirates, and the international law of the sea, commenting on it by the judiciary of the Supreme Court, and the rules established by the Court of Cassation in maritime disputes, House of Books and Arab Studies, Alexandria.
ii. Samiha, Al Qalubi, 1987, Maritime Law “The Ship - Maritime Navigation Persons - Maritime Contracts”, Dar Al-Nahda Al-Arabiya, Cairo.
iii. Suzan Ali Hassan, 2010, Electronic Bill of Lading, New University House, Alexandria.
iv. Sherif Ghannam,
- 2021, Al-Wajeez in the Maritime Commercial Law of the United Arab Emirates, Dar Al-Hekma, first edition.
- 2021, Al-Wajeez in the Civil Aviation Law of the United Arab Emirates, Dar Al-Hekma, first edition.
- Commercial Transactions Law "Commercial Papers" The check as a model, Publications of the Dubai Police Academy.
v. Abdel-Fadil Mohamed Ahmed, 2011, Private Maritime Law, Dar Al-Fikr and Law.
vi. Abdullah Obaid Al-Huwaish, 2020, Legal Regulation of the Electronic Shipping Bill, New University House, Alexandria.
vii. Ali Sayed Qassem, 2016, Al-Wajeez in Emirati Maritime Law, second edition, Dar Al-Nahda Al-Arabiya, Cairo.
viii. Imad El-Din Abdel Hai, Dr. Ahmed El-Sayed Labib, 2015, Explanation of Maritime Law, in the United Arab Emirates, University Library, Sharjah.
ix. Fayez Naeem Radwan, 2018, Al-Wajeez in Explanation of the Maritime Commercial Law of the United Arab Emirates, Bright Horizons Library, third edition, Oman.
x. Mustafa Kamal Taha, 1995, The New Maritime Law, New University House, Alexandria.
xi. Mahmoud Samir Al-Sharqawi, 1993, Maritime Law, Dar Al-Nahda Al-Arabiya, Cairo.
xii. Mustafa Al-Bandari, 2018, Civil Aviation Law of the United Arab Emirates, Bright Horizons Publishers, second edition.
Second - Specialized references and research:
i. Ahmed bin Ibrahim Al-Sheikh, 2008, Responsibility for compensating international air transport against an agreement for the Warsaw Conventions 1929 and Montreal 1999, Arab Renaissance House, Cairo.
ii. Asmaa Ahmed Al-Rasheed, 2019, Scope of Application of the Rotterdam Rules, research submitted to the University of Sharjah Journal of Legal Sciences, Volume 16, Issue 1.
iii. Hussein Ghaneem, 1982, Ship Deviation and its Impact on the Marine Insurance Contract, Journal of Law, Year Six, Issue One, March.
iv. Darwish Mariam, Obligations of the consignee in the maritime transport contract, research published in the Algerian Journal of Maritime Law and Transport, Issue Seven.
v. Taher Shawqi Muhammad, 2018, Containers and the risks of violating the Saudi maritime borders, research published in the Police Thought Journal, Sharjah, Volume No. 27, Issue No. 105, April.
vi. Abbas Mustafa Al-Masry, 2002, The legal status of the consignee in the maritime transport contract, New University Publishing House.
vii. Farouk Malash, 2012, Do the “Rotterdam Rules” of 2008 really regulate the provisions of the international multimodal transport of goods, research published in the Journal of Law for Legal and Economic Research, Faculty of Law, Alexandria University, first issue.
viii. Gummez Leila Eldiaz, Rotterdam Rules and Commercial Terminology 2010 (Legal Integration to Facilitate International Trade), research published in the Algerian Journal of Maritime and Transport Law, No. 7.
ix. Mohamed Abdel-Fattah Turk, 2005, Maritime Transport Contract, New University Publishing House, Alexandria.
Third - Master's and PhD:
i. Belmihoub Shahira: 2021, The Responsibility of the Maritime Carrier of Goods in the Light of Algerian Law and International Conventions, Master’s Degree Thesis, Faculty of Law and Political Science, Mouloud Mammeri University, Algeria.
ii. Besaid Murad: Contract of Maritime Transport of Goods According to Algerian Maritime Law and State Conventions, Ph.D. thesis, University of Abu Bakr Belkaid.
Fourth - Laws:
i. The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, called the Rotterdam Rules of 2008.
ii. UAE Maritime Commercial Law No. (26) of 1981 AD.
iii. Federal Decree-Law No. (46) of 2021 AD regarding electronic transactions and trust services.
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- 2023-01-04 (2)
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