What Would Be The Possible Effects Of Articles 26 And 82 Of The…: A- Brief Analysis on Article 26 of the Rotterdam Rules

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A- Brief Analysis on Article 26 of the Rotterdam Rules

Article 26 of the Rotterdam Rules states that:…

“ When loss of or damage to goods, or an event or circumstance causing a delay in their delivery, occurs during the carrier’s period of responsibility but solely before their loading onto the ship or solely after their discharge from the ship, the provisions of this Convention do not prevail over those provisions of another international instrument that, at the time of such loss, damage or event or circumstance causing delay:…

In the preparatory works(71) leading to the final text of article 26 this question was addressed: Should the Rotterdam Rules be based on a pure uniform liability regime or a mixture of a uniform and a network liability regime? It is submitted that basically a uniform liability regime has been created which expands the Rules’ regime quite ambitiously to all other modes, superseding all national law, and allowing exceptions for other international instruments only in order to avoid certain conflict(72).…

What Would Be The Possible Effects Of Articles 26 And 82 Of The Rotterdam Rules On The New Turkish Law Relating To Multimodal Transport Of Goods?

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A- Brief Analysis on Article 26 of the Rotterdam Rules