Session A02: Maritime Law and Policy

 
Date: 10 May 2016
Time: 2:00 pm - 3:30 pm
Venue: R1108, R Core (Shirley Chan Building), PolyU
 
 
Session Chairs: Dr Ling Zhu and Dr S.K. Tai (The Hong Kong Polytechnic University)
 
In the OBOR initiative, all modes of transportation are engaged for international trading and economic cooperation through both ocean routes and land roads. While carriage by railway and road can follow the example of the relevant European Conventions, carriage by air is already governed by the Warsaw and Montreal Regimes. However, carriage by sea is not governed by any single international convention. Only about one-third of the countries along the OBOR have adopted any of the existing international conventions on ocean shipping, namely the Hague, Hague-Visby and Hamburg Rules. The author of the first study argues that the Rotterdam Rules should be promoted by China in its OBOR initiative. The author also argues that the OBOR initiative provides the unique opportunity for China to lead the rule-making process in international carriage law, in particular in the areas of sea and multimodal carriage.

One of the five main goals of the OBOR initiative is to promote unimpeded trade through the movement of goods. Multimodal transport is an important means of carrying goods across the globe. As a most sophisticated mode of transport, it also entails unexpected risks; losses of goods or damage to them in multimodal transport could be very expensive and devastating. The rapid development of multimodal transport requires comprehensive insurance coverage for the period when the goods are in the custody of the multimodal transport carrier, irrespective of the transport mode. This comprehensive insurance is sometimes called “goods in transit” (GIT) insurance. However, the definition and scope of GIT insurance are vague and ambiguous. The aim of the second study is to therefore define the meaning of GIT insurance and analyse its scope by examining its nature and characteristics. The study mainly focuses on three issues: 1) the formation of a cargo insurance contract for multimodal transport, 2) the parties to the insurance contract, and 3) the duration of coverage. The ICC(A)1982 will be used as an example to examine the duration of coverage, and the authors will discuss the attachment of risks, meaning of “ordinary course of transit”, and termination of risks.

In the third study, some recent developments that have edged us ever closer to achieving a paperless supply chain will be examined. These developments are unfolding against the background of many challenges; among them, those created by global warming and the ever-increasing social and environmental costs of production and consumption. As a result, the legal framework that is evolving to govern these developments is fragmented, derived from a myriad of diverse sources and not always able to provide complete clarity and certainty. However, it will be argued that these characteristics also render this legal framework flexible and adaptable, which are important qualities if it is to evolve in response to ambitious and far-reaching initiatives such as the One Belt One Road.
 
Title Author(s)
The Rotterdam Rules and the OBOR Initiative: An opportunity for China to lead rule-making John Shijian Mo (University of Macau)
Defining GIT insurance as cargo insurance in the context of multimodal transport Ming Zhao Zhang and Ling Zhu (The Hong Kong Polytechnic University)
The paperless supply chain: The legal framework governing recent development Miriam Goldby (Queen Mary University of London)
 
 
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