• Journal of Korea Port Economic Association
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• v.18 no.2
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• pp.135-151
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• 2002

This study focuses on analysing the period of carrier's responsibility. The Hague Rules apply only while the cargo is in carriage. This period of carrier's responsibility begins when the ship' tackle is hooked on the goods for loading and continues until they are unhooked from the lifting gear after discharge. The Hague Rules are consequently said to apply from tackle to tackle. Also The Hamburg Rules lays down the basic principle that the carrier will be responsible for the goods during the time he is in charge of them at the port of loading, during the carriage and at the port of discharge. These period of carrier's responsibility should be determinated according to custom of the port of loading and discharge because of the importance of local custom in the loading and discharge of goods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.369-385
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• 2003

Contracts of carriage evidenced by bill of lading which are made between carrier and unidentified number of the shipper are to a large extent regulated by statute law such as Hague-Visby Rules and Hamburg Rules. These rules qualifies the contractual liberty of parties and especially restrains the carrier from introducing exemption from his liability beyond those admitted by the Rules. However, these Rules are applied only to goods in respect of which a bill of lading or similar document of title has been issued. In this reason, it is possible that liability of carrier in respect of goods shipped could become an issue where electronic bill of lading is used instead of paper bill of lading because electronic bill of lading is not generally recognised document of title in existing rule. Thus, this article discuss the relation between the carrier who create electronic bill of lading and the Rules regulating liability of carrier. Also, new Rules which has been examining in UNCITRAL will be introduced.