Establishing a Uniform Practice through Interpretation of International Convention on Carriage of Goods by Sea
< p >Rotterdam Rules by expanding the jurisdiction and arbitration scope, took an important step towards the unified application of international rules governing the Carriage of Goods by Sea. At the same time, the extended scope of competent authority in this Convention to hear a case by diffe...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2020-05-01
|
| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_11613_19544d30b69e634bac26595bc2a998e8.pdf |
| _version_ | 1797375775911968768 |
|---|---|
| author | Amir Sadeghi Neshat Hadi Mashhadi |
| author_facet | Amir Sadeghi Neshat Hadi Mashhadi |
| author_sort | Amir Sadeghi Neshat |
| collection | DOAJ |
| description | < p >Rotterdam Rules by expanding the jurisdiction and arbitration scope, took an important step towards the unified application of international rules governing the Carriage of Goods by Sea. At the same time, the extended scope of competent authority in this Convention to hear a case by different and numerous authorities would bring divergent interpretations while they are still valid interpretations of international rules. Therefore it may defeat the main purpose of codification of international conventions supported in Rotterdam Rules. In this regard, the interpretation of international rules by national authorities gains the utmost importance in unification of international rules. The question is that whether national authorities in the judicial process are obligated to apply the rules codified in international conventions? Or when parties to a dispute have expressed their mutual consent on the applicability of a specific rule, can national authorities disregard international rules or can they set aside the agreement of the parties to a dispute? It seems that the prior development of domestic law is crucial to unified application on international rules governing the Carriage of Goods by Sea and this is possible only through interpretation of international conventions in its own framework. |
| first_indexed | 2024-03-08T19:29:06Z |
| format | Article |
| id | doaj.art-067a3ad90205408d8235ec48f31d274a |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:06Z |
| publishDate | 2020-05-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-067a3ad90205408d8235ec48f31d274a2023-12-26T07:48:51ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322020-05-0183013115111613Establishing a Uniform Practice through Interpretation of International Convention on Carriage of Goods by SeaAmir Sadeghi Neshat0Hadi Mashhadi1Associate Professor, Private Law, of Tehran University, Tehran, IranPhD Candidate of Civil Law, Tehran University, Tehran, Iran< p >Rotterdam Rules by expanding the jurisdiction and arbitration scope, took an important step towards the unified application of international rules governing the Carriage of Goods by Sea. At the same time, the extended scope of competent authority in this Convention to hear a case by different and numerous authorities would bring divergent interpretations while they are still valid interpretations of international rules. Therefore it may defeat the main purpose of codification of international conventions supported in Rotterdam Rules. In this regard, the interpretation of international rules by national authorities gains the utmost importance in unification of international rules. The question is that whether national authorities in the judicial process are obligated to apply the rules codified in international conventions? Or when parties to a dispute have expressed their mutual consent on the applicability of a specific rule, can national authorities disregard international rules or can they set aside the agreement of the parties to a dispute? It seems that the prior development of domestic law is crucial to unified application on international rules governing the Carriage of Goods by Sea and this is possible only through interpretation of international conventions in its own framework.https://jplr.atu.ac.ir/article_11613_19544d30b69e634bac26595bc2a998e8.pdfrotterdam conventionscarriage of goods by seainterpretation of international rulesapplication of international rulesarbitration |
| spellingShingle | Amir Sadeghi Neshat Hadi Mashhadi Establishing a Uniform Practice through Interpretation of International Convention on Carriage of Goods by Sea Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī rotterdam conventions carriage of goods by sea interpretation of international rules application of international rules arbitration |
| title | Establishing a Uniform Practice through Interpretation of International Convention on Carriage of Goods by Sea |
| title_full | Establishing a Uniform Practice through Interpretation of International Convention on Carriage of Goods by Sea |
| title_fullStr | Establishing a Uniform Practice through Interpretation of International Convention on Carriage of Goods by Sea |
| title_full_unstemmed | Establishing a Uniform Practice through Interpretation of International Convention on Carriage of Goods by Sea |
| title_short | Establishing a Uniform Practice through Interpretation of International Convention on Carriage of Goods by Sea |
| title_sort | establishing a uniform practice through interpretation of international convention on carriage of goods by sea |
| topic | rotterdam conventions carriage of goods by sea interpretation of international rules application of international rules arbitration |
| url | https://jplr.atu.ac.ir/article_11613_19544d30b69e634bac26595bc2a998e8.pdf |
| work_keys_str_mv | AT amirsadeghineshat establishingauniformpracticethroughinterpretationofinternationalconventiononcarriageofgoodsbysea AT hadimashhadi establishingauniformpracticethroughinterpretationofinternationalconventiononcarriageofgoodsbysea |