The Impact of Dangerous Goods Transportation for Maritime Carrier Responsibility
DOI:
https://doi.org/10.35246/jols.v38i1.604Keywords:
The Responsibility of the Maritime Carrier, Dangerous Goods, IMDG Code, Carrier Duties, Shipper DutiesAbstract
The study dealt with The impact of dangerous goods Transportation for Maritime carrier responsibility, the study was exposed to the definition of dangerous goods. the study also dealt with the impact of IMDG code on the responsibility of the carrier, and the duties of the parties, as the study spotlights The duty of the carrier to prepare a compatible ship for dangerous goods transport, as well as the duty of the carrier to preserve the goods while highlighting to the difference in this obligation while transporting dangerous goods, and the study also reviewed the duties of the shipper, for example, his duty to inform the carrier with the dangerous nature of the goods and the role of IMDG code in dealing with the danger of these goods. the study also reached several recommendations, the importance to regulate the non- packaged goods as same with packaged goods, also the importance to accept dealing with dangerous goods in light of the acceptable risk, and the necessity of periodic updating of the lists of dangerous goods.
Downloads
References
First: Books and Research
i. Hosny, Ahmed Mahmoud, Comments for Hamburg Convention on the Carriage of Goods by Sea, Alexandria.
ii. Awad, Ali Jamal Aldeen, 1992, Alnakl Albahary Elebdaee, Dar alnahda Alarabia, Cairo.
iii. Fisal, Ammar, masolyet alnakel albahary alnasheaa an nakl albadaye alkhatera, aljerian Journal for maritime law and transportation
iv. Carver, Thomas Gilbert, and Raoul P. Colinvaux, 1982, Carver's carriage by sea. Vol. 1. Stevens & Sons.
v. Edgcomb, John D. 2000, "The Trojan Horse Sets Sail: Carrier Defenses against Hazmat Cargoes." USF Mar. LJ 13 : 31.
vi. Grönfors, Kurt. 1978, "Summarizing a Multi-National Problem." Damage from Goods.
vii. Jackson, D. C. 1982, Dangerous Cargo: a Legal Overview. IML.
viii. Kassem, Ahmad Hussam. 2006, "The legal aspects of seaworthiness: current law and development." PhD diss., Swansea University.
ix. Maloof, David L., and James P. Krauzlis. 1980, "Shipper's Potential Liabilities in Transit." Mar. Law. 5 : 175.
x. Barery, Mahmoud Mhktar, 1999, Commerchal Maritime Law, Dar alnahda Alarabia, cairo.
xi. Daniz, Meltem, 2008, The Carriage of Dangerous Goods by Sea, Springer.
xii. Elmarzoki, Mohamed Abdelrahman, 2018, The Liability of the Maritime Carrier when Transporting Dangerous Goods: A Comparative Study of International Convention, the laws of the United Arab Emirates, and the United Kingdom, master theses, United arab Emirates University.
xiii. Taha, Mostafa Kamal, 2010, Maritime Law, Alwafaa Lehal puvlishing, AlX.
xiv. Mustill, Sir Michael J. 1978, Carriers Liabilities and Insurance. Scandinavian University Books.
xv. Alfishany, Nabil, 2016, masolyet alnakel albahary, master theses, cairo University.
xvi. bin doma, Sadeya, , 2013, masolyet alnakel albahary fe doa qwaeed reotram, master theses, wahran University.
xvii. Schön, G. 1978, "Fifth International Symposium on the Transport of Dangerous Goods by Sea and Inland Waterways." In((( })))International Symposium on the Transport of Dangerous Goods by Sea and Inland Waterways, Hamburg, 1978.((( })))Physikalisch Technische Bundesanstalt.
xviii. Scrutton, T. E., 1996, "Charterparties and Bills Of Lading, by BOYD, SC, BURROWS, AS, FOXTON, D."
xix. Ghannam, Shreef, 2012, iltzamat alshahen wmsolyato fe qwaeed retrdam 2008, dar aljameaa aljadeda, Alxandria.
xx. Tetley, W. 1988, "Marine Cargo Claims, 3rd.".
xxi. Treitel, Guenter Heinz, 2011, Francis Martin Baillie Reynolds, and Thomas Gilbert Carver.((( })))Carver on bills of lading. Vol. 16. Sweet & Maxwell.
xxii. Hatoom, Wajdi, 2011, maritime transportation, Moassat Alkitab Alhadeeth, Lenbanon.
xxiii. Atia, Waleed Khaled, 2014, masolyet alnakel albahary, alhalaby publications.
xxiv. Williams, Peter John. "The Implications of the ISM Code for the Transport of Packaged Dangerous Goods by Sea." In((( })))International Symposium on the Transport of Dangerous Goods by Sea and Inland Waterways, pp. 117-122.
Second: Laws, Regulations and Decisions
i. Northern Shipping Co. v. Deutsche Seereederei (The “Kapitan Sakharov”) [2000] 2 Lloyd’s Rep. 255
ii. General Feeds Inc. v.Burnham Shipping Corp. (The “Amphion”) [1991] 2 Lloyd’s Rep. 101
iii. Bamfield v. Goole and Sheffield Transport Company [1910] 2 K.B. 94
iv. Deutsche Ost-Afrika v. Legent [1998] 2 Lloyd’s Rep. 71 IMDG Code Class 1.1
v. Michell Cotts v. Steel [1916] 2 K.B. 610.
vi. MARPOL Art.
vii. IMDG Code
viii. Ministry Of Food V. Lamport & Holt Line, Ltd. [1952] 2 Lloyd's Rep. 371
ix. Old Colony Ins. V. S.S. Southern Star, 280 F.Supp.189, 1967 A.M.C. 1641
x. Ministry of Food V. Lamport & Holt Line, Ltd. [1952] 2 Lloyd's Rep. 371
xi. Mediterranean Freight Services Ltd. v. BP Oil International Ltd.(The“Fiona”)1994
Third: Websites
i. https://www.ilaw.com/ilaw/doc/view.htm?id=153016&environment=prod#LLR:200002025
ii. https://www.i-law.com/ilaw/doc/view.htm?id=149869
iii. https://www.i-law.com/ilaw/doc/view.htm?id=149856
iv. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7120359/
v. https://vlex.co.uk/vid/brass-and-stanes-v-806415433
vi. https://www.i-law.com/ilaw/doc/view.htm?id=149092
vii. https://www.iclr.co.uk/document/1911000714/casereport_35881/html
viii. https://www.i-law.com/ilaw/doc/view.htm?id=144120
ix. https://uncitral.un.org/ar/texts/transportgoods/conventions/rotterdam_rules/status
x. https://tga.gov.sa/Regulations/Read/3511
xi. https://www.i-law.com/ilaw/doc/view.htm?id=144120
xii. https://casetext.com/case/old-colony-insurance-company-v-ss-southern-star
Downloads
Published
Issue
Section
License
Copyright (c) 2023 أستاذ مشارك دكتور هاني محمد مؤنس عوض
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
