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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Application and Some Implications of the Hamburg Rules for Nigeria
Author:Nlerum, Franklyn A.
Year:1997
Periodical:African Journal of International and Comparative Law
Volume:9
Issue:2
Pages:386-408
Language:English
Geographic term:Nigeria
Subjects:international agreements
maritime transport
international relations
Law, Human Rights and Violence
Politics and Government
Link:http://www.heinonline.org/HOL/Page?handle=hein.journals/afjincol9&id=398&collection=journals&index=journals/afjincol
Abstract:The Hamburg Rules is a shorthand name for the legal regime governing the carriage of goods by sea embodied in the UN Convention for the Carriage of Goods by Sea, 1978 concluded in Hamburg, Germany. Nigeria acceded to the convention embodying the rules in 1988 and the rules entered into international force in 1992. This removed the substratum of the Carriage of Goods by Sea Act, 1926 which implemented the Hague Rules in Nigeria. The author examines the application of the Hamburg Rules in Nigeria in the absence of an implementing local legislation. He then examines the implications of the Hamburg Rules for Nigeria, in particular for commercial laws and practices. The Hamburg Rules necessitate a review of the Nigerian Bills of Lading Statute, the introduction of legislation providing for the admissibility of computer generated evidence, and the amendment of the Nigerian limitation of actions legislation. The Hamburg Rules are predicated on a liability regime which creates a fair balance in the allocation of risks between carriers and shippers, and they provide a good environment for cargo unitization. The Hamburg Rules have two important but inconsistent overall implications for the Nigerian economy. As an economy dominated by cargo interests, an improved cargo liability regime is potentially beneficial to Nigeria. But in light of national interest in improving earnings from trade in services, such as shipping and cargo insurance, the Hamburg Rules may become an impediment. Notes, ref.
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