International Law Ch 6

General average

-A partial loss sustained voluntarily, but done so to save a vessel or cargo from a total loss. -MUST SHOW: 1) threat 2) real danger 3) cargo was sacrificed for benefit of safety

The Montreal Convention is best described as an example of

-A self-executing treaty -The treaty creates passenger legal rights immediately upon being adopted by the signatory state.

The Carriage of Goods by Sea Act (COGSA) does not apply to bills of lading:

-Issued for shipments between San Francisco and Los Angeles. -It does not cover shipments between US ports.

Admiralty jurisdiction applies to the operation and management of vessels while engaged in navigation on:

"Navigable waters" used or capable of being used for commercial activity

As of January 2017, the maximum carrier liability from passenger death or bodily injury is in US dollars approximately

-$153,000 -This is 113,100 SDRS x $1.35/SDR (rounded to nearest $1,000)

The COGSA per-package liability limitation for carriers is ________ per package or customary freight unit.

-$500 -Obviously, shipper can declare a higher value and pay a higher freight rate.

The fastest growing mode of ocean transport is called:

Containerized ocean cargo

Perils clause:

Covers the basic risks of an ocean voyage. Generally covers extraordinary and unusual perils that are not expected during a voyage.

The price charged to transport cargo is called

Freight

Per-Package Limitation

Shipper must be given a fair opportunity to declare the nature and value of the goods

Air Waybills:

contract between shipper (consignor) and carrier; states the freight charges & other conditions of transport; is a receipt stating carrier received goods in good condition & confirms instructions for delivery (Non negotiable).

Clean bill of lading

proof that goods were in good condition before shipping

Embarking or Disembarking

•A carrier is only responsible for accidents that occur "on board" the aircraft •Whether a passenger is embarking or disembarking is a factual question, whether the passenger is "under the control" of airline employees

Open Cargo Policies

covers all shipments by shipper of certain types of goods to certain destinations over specified routes

admiralty jurisdiction

refers to the power of a court to hear and decide admiralty or maritime cases

Computation of maximum carrier liability is often difficult in damage claims because of the lack of clarity defining the term:

-Package. -COGSA limits carrier liability of a "per package basis" and courts have struggled to define what a "package" is in individual circumstances.

COGSA exempts carriers from liability from:

-Perils of the sea -This concept is described in Maritime Law and the Carriage of Goods by Sea and relates to an event that overcomes a seaworthy vessel, e.g., tsunami.

The Montreal Convention provides that an international carrier must pay an amount computed on the value of

-Special drawing rights -SDRs represent a weighted mix of four currencies in an amount reviewed regularly by the ICAO.

Navigable waters

-Those bodies of water which are capable of being used for public transportation. -Waters used for commercial shipping

Seaworthy ship

if it is the proper type of ship to carry the type of cargo at issue, is prepared for the weather and seas expected, and complies with Coast Guard regulations and relevant shipping standards

Particular Average Claims

is partial loss to the insured's cargo

Fortuitous losses:

it means that the loss occurred by chance or accident and could not have reasonably been predicted.

Vessels in navigation

artificial items or watercraft capable of being used as a means of transportation on water.

Montreal Convention of 1999

-Only applies to passengers ticketed for international travel, if approved by all countries involved in the "legs" of the journey -Will not have to prove airline at fault in case of personal injury or death

maritime law

-refers to that body of law within the admiralty jurisdiction of court that governs private rights and obligations arising out of the operation of vessels on navigable water or maritime commerce. -"law of the sea"

Perils of the sea

perils, dangers, and accidents of the sea

Liability for Air Cargo and Baggage Losses

air carrier is liable for "damages sustained" to cargo under its control, up to 19 SDR's per kilo (increased in 2009), unless the shipper has declared a higher value on the waybill

Freight Forwarders:

-act as agents for shipper in contracting with air, land, or sea carriers for the transportation of goods to a place of destination -NOT liable for cargo during shipment.

Non-Vessel Operating Common Carriers (NVOCC)

-act as freight consolidations for small shipments, permitting them to take advantage of lower freight rates -Common carriers which do not operate the vessel but assume liability for goods during transport

limitation of liability

-the most important law governing the liability of air carriers for loss or damage to cargo or baggage during international shipping, and for death or bodily injury to passengers engaging in international travel. -if a shipper wants protection he must declare and pay higher value -Warsaw Convention of 1929