Is It Possible To Harmonise International Trade?

2546 words - 10 pages

For many years, there have been several attempts in the harmonisation of international trade. Unfortunately, sales of international goods are very complex and this leads to great difficult in unifying trade law. People have tried to create universal laws to mend shipping issues, seller to buyer relationships and fraud, however, there is still no global international trade law. So far, with every attempt, it becomes clearer that nations have conflicting ideologies or viewpoints and hinders the progression of global harmonisation of international trade. The idea of perfectly harmonising international trade is not possible because countries act to benefit their self-interests and have varying interpretations of law.
The Hague-Visby Rules, Hamburg Rules and Rotterdam Rules are all international trade laws which attempted to harmonise trade law regarding carriers. However, not all countries have parted from their laws and adopt the Rotterdam Rules, the most modern of the three provisions. The Hague-Visby Rules are heavily criticised because of the laws included seem to heavily favour cargo owners and the Hamburg rules were introduced to replace the 1924 Hague Rules and the 1968 Hague-Visby Rules (Wanigasekera and Creasy, n.d., p. 2, 4). The Hamburg Rules and the Hague-Visby Rules are very different from each other in regards of what goods are covered and time length to bring a claim. According to Hague-Visby Rule article 1(c), “'Goods' includes goods, wares, merchandise, and articles of every kind whatsoever except live animals” and deck cargo (, 2014). The Hamburg Rules accepts live animals and deck cargo within their provisions as goods covered under Article 1(5) and Article 9 (United Nations Convention on the Carriage of Goods By Sea, 1978 (Hamburg Rules), 1994). In addition, the two rules have different lengths of time to bring forth a claim. Under the Hague-Visby Rules Article 3(6), the plaintiff must bring a claim within one year of the delivery date (, 2014). Adversely, the Hamburg Rules Article 20(1) allow plaintiffs an additional year to bring forth a claim (United Nations Convention on the Carriage of Goods By Sea, 1978 (Hamburg Rules), 1994, p. 12). With the Hamburg Rules affixing livestock, deck cargo to their laws and lengthening claim periods, this set of provisions gives carriers greater responsibility and are held more liable for their actions. These new additions would not favour countries with a large shipping industry, and countries which are content with the Hague-Visby Rules do not see any benefit into enacting the Hamburg Rules.
In another attempt to harmonise trade law between sellers and carriers, the Rotterdam Rules was developed to replace the previous conventions by compromising between the Hague-Visby Rules and Hamburg Rules. The Rotterdam Rules discusses livestock, along with other issues in an attempt at harmonisation. The Rotterdam Rules Article 81(a) show that “the contract of...

Find Another Essay On Is it Possible to Harmonise International Trade?

Is it possible to speak of an English Culture?

2167 words - 9 pages that it is actually not possible to speak of terms such as 'English', 'Scottish', 'Welsh' and 'Irish' in a political sense until the C18th century. 'Nations' still less 'nation-states' had yet to emerge. Thus to speak of 'English' or 'Irish' for example before this time is more of a geographical statement than a political one.In conclusion I feel that it is not actually possible to speak of an English culture as such. Perhaps England is too diverse

Is It Possible To Be A Verbal Intelligent?

1310 words - 6 pages determines how important it is, and who should be responsible for the decision in case things got out of control. Being a conflict between different opposing sides, and having serious harmful consequences, citizens shouldn’t start a revolution unless there is a necessary demand for change and reform. According to Thomas Jefferson, the third president of the United States, the author of Declaration of Independence, and the

Is It Possible To Be A Verbal Intelligent?

1004 words - 5 pages , such as word games, drawing pictures and writing a story about it, debate and group discussion, reading books and many other activities. Therefore, verbal intelligence is not inherited as what many people may think, but it is an acquired skill that a person can learn and increase. Inherited traits such as skin color, hair color, facial features and others are what can be called the inherited characteristics. People are born with the ability to

Life without friendship? Is it Possible?

563 words - 2 pages Life is more rewarding with friendship. Every day is a chance to meet someone new. It does not matter if you're at school, work, or just out running around, people are everywhere. Whether you get along with them or not is your choice. In my experiences, I have found there are three different types of friends that help your life run more smoothly. Many of us meet a good number of friends though work. These would be what we call your “work

Discuss Whether it is Possible to Maintain the Neutrality of Humanitarian Aid

2785 words - 11 pages . (Mills, 2005: 177). The overwhelming opinions of academic researchers reviewed on humanitarian aid operations in conflict situations is that it is an immense challenge to maintain neutrality. Is it ever possible to maintain a neutral position in any action or strategic approach adopted in a conflict context? Sarah Kenyon Lischer does not believe so. ‘In reality, however, any humanitarian action in a conflict zone will have political, and

Sharia: Is it Possible to Transcend the Rules in Today’s Secular Society?

1111 words - 4 pages international communities of our modern world where governments with no religious allegiance? Such governments like our own? In Islamic states such as Iran, Pakistan, Afghanistan and others, the primary basis for government is the Islamic religious law - Sharia. Sharia based on the interpretations of the Qur’an means that it is the direct reflection of God’s rules and purpose for his people. Those who are part of the Islamic community are required to

Is It Possible For Human Beings to Detach Themselves from Capital?

778 words - 3 pages Is it possible for human beings to detach themselves from capital? There’s a lot of substance in this paper, not only does Dipesh do a great job of critiquing Marx he uses Marx against himself. Using deconstruction Dipesh is able to whittle down the arguments of Marx and redraw them where the humanity really stands inside capital. This essays intended audience is those interested in Marx, Marxist Thought, Marxist Theory, Economics, and

In what circumstances is it possible for a court to award exemplary damages in tort?

1421 words - 6 pages police.III. Category TwoCategory II exemplary damages are mainly sought in libel cases in Hong Kong. Since Broome v Cassell & Co Ltd it is well established that exemplary damages can be awarded in libel cases.Nevertheless, Broome specified that the mere fact that a libel is committed for business purpose is not enough. For exemplary damages to be granted, it is necessary to prove that (i) the defendant knew what he did was illegal or that he was

A major barrier to international trade activities.

813 words - 3 pages confidence aspect of trust by defining it as a "firm's belief that another company will perform actions that will result in positive outcomes for the firm as well as not take unexpected actions that result in negative outcomes." This behavioral element of trust becomes particularly useful in the maintenance of ongoing relationships, since cooperation is not achieved with structural vulnerability but due to the confidence in the integrity of the

Making It Possible to End Homelessness

1110 words - 4 pages Making It Possible to End Homelessness (MIPH) is a subgrantee’s of the HPRP program, which was created to help families gain housing stability in Middlesex county. The program was awarded $1.4 billion to service clients threatened with evictions. The program’s intent is to reduce homelessness by keeping families stably housed, connecting with mainstream benefits, and working on a stabilization plan to avoid homelessness in the future. However

Is It Possible For God To Be All-good And All-powerful While There Is Evil In The World?

1235 words - 5 pages evil: Moral evils were discussed by Augustine and later adopted by Aquinas.(Stumpf , 1983). Evil, by Aquinas is not a thing, it is the absence of a the good. The same as for the blind the absence of sight. In this context the question is, why does God allows the evil to exist whether it exist per se or by the absence of good? Aquinas replies that the perfection of the universe required the existence of various kinds of beings, including bad as

Similar Essays

When Is International Trade An Opportunity For Workers? When Is It A Threat To Workers?

585 words - 2 pages ECO305-0804B-09Global Managerial EconomicsDavid KerbyDecember 3, 2008PHASE 1 DISCUSSION BOARD2When is international trade an opportunity for workers? When is it a threat to workers?International trade is rewarding as it is unsatisfying when it comes to the average worker. When a new business is started for that region or area jobs are expanded merely because it is expected that it will be at a rate of lower cost production along with less

Is It Possible To Define ‘Art’?

2136 words - 9 pages The expression or application of human creative skill and imagination, typically in a visual form such as painting or sculpture, producing works to be appreciated primarily for their beauty or emotional power. The above quotation is the Oxford Dictionary’s definition of art. It is one of the many definitions and theories written in answer to the question “what is art?” However, that very question implies an inhibited and essentialist answer

Is It Possible To Travel At The Speed Of Light?

3982 words - 16 pages Ever since 1966, when the first episode of Star Trek aired, there has been a question lingering in the mind of humans; fans, children, and scientists alike. To some, it is just wishful fantasizing, but to others, it is a goal to pursue and an idea that may not be so far-fetched -- Is it possible for humans to travel at the speed of light? If so, why should humans attempt this and will they? If not, what are some of the limitations of travel at

Testable Question Is It Possible To Observe Diffusion Across A

512 words - 2 pages Testable Question Is it possible to observe diffusion across a semi-permeable membrane? Background Research Diffusion is the movement of molecules from an area of higher concentration to that of a lower concentration. Once the particles have reached equilibrium, there is no longer any net movement because a gradient no longer exists. It is the result of the random movement of molecules or Brownian Movement. •1 Dialysis is a separation