A critical analysis of carrier's liability in the carriage of goods by sea act 1925 in the lighht of the international conventions

Abstract

Throughout the course of history, water has consistently served as an indispensable mode of transportation in global trade, retaining its profound significance in present-day international commerce. At the heart of international trade lies the essential exchange of goods between nations, thereby necessitating the active participation of carriers in ensuring the smooth transit of goods from the seller’s port to the buyer’s port. Nevertheless, maritime shipments inherently face an array of risks and hazards that jeopardize the integrity of goods, potentially resulting in their damage or loss. Consequently, the determination of the party accountable for bearing these losses and assuming liability for the resulting damages has prompted the development of legal frameworks throughout history. The development of laws governing the carriage of goods by sea has a long history, stretching back to the time of the Romans, and has evolved over the years. In response to the diverse legislations enacted by different nations to regulate the complex relationship between carriers and shippers, a collective effort arose in the 19th century within the international community to establish standardized regulations. This resulted in the creation of three significant international conventions: the Hague/Hague-Visby Rules, the Hamburg Rules, and the Rotterdam Rules. These conventions comprehensively address crucial aspects such as the carriage contract, and carrier obligations, liabilities, immunities. In the specific context of Pakistan, it is noteworthy that the country has not yet ratified the major international conventions related to the carriage of goods by sea. However, Pakistan has adopted an act derived from the British Indian legal system, namely the Carriage of Goods by Sea Act, 1925, which explicitly incorporates the rules outlined in Hague Rules. This act governs the carriage of goods by sea within Pakistan and serves as an indication of the country’s adherence to certain international conventions and their fundamental principles. This thesis utilizes a rigorous approach that heavily relies on the analysis of secondary data. By drawing upon a diverse range of scholarly sources, including reputable literature, legal texts, case studies, and scholarly articles, this thesis aims to provide a comprehensive and nuanced analysis of the existing framework governing carrier’s liability under Pakistani legislation. The underlying purpose of this thesis is to critically examine whether the current act, which incorporates the Hague Rules, is adequate in governing the liability of carrier or if it has become outdated and necessitates reform. To achieve this, the analysis takes into account other relevant international conventions, namely the Hamburg Rules and the Rotterdam Rules, which were developed subsequent to the adoption of Hague Rules. Ultimately, this raises pertinent questions regarding the sufficiency of the prevailing act and highlights the transformative possibilities that could emerge from embracing a contemporary international convention.