shipping, cargo, Rotterdam Rules, Canada, carriage of goods, legislation, contracts
The paper begins with some background on modern liner shipping and cargo interest perspectives before considering the Rotterdam Rules 2008 (The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea), which could ultimately replace Canada's existing carriage of goods legislation. The authors explore the key issues arising from the implementation of the Rules, and discuss why, from a manufactured goods perspective, there will likely be limited acceptance by cargo owners. They conclude that the gains made in the areas of electronic documentation and greater clarity on delay, as well as altered limits of liability do not offset the fact that most manufactured goods now move under confidential service contracts that may or may not choose to incorporate the Rotterdam Rules. On balance, it is unlikely that there will be widespread acceptance of the rules by those purchasing liner shipping services.
Mary Brooks and Jason Mackey, "Will the Rotterdam Rules be Accepted? A Liner Cargo Interest Perspective" (2012) 35:2 Dal LJ 267.