Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law
Doctoral Thesis
2008
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University of Cape Town
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Abstract
The debate surrounding the nautical fault exemption has recently been revived in the context of the negotiation and drafting of the UNCITRAL Draft Convention on the Carriage of Goods [Wholly or Partly] [By Sea]. Indeed, the concept of nautical fault has been debated in academic, legislative, and industry circles for decades, with the issue resurfacing each time an attempt is made to modernize the law of carriage of goods by sea, either domestically or internationally. The frequency of debate by no means implies a comprehensive understanding of nautical fault. Rather, the importance of nautical fault and the role it plays in modern carriage law is often misunderstood and underplayed. The majority of commentators and cargo interests view the nautical fault exemption solely as an anachronistic holdover from an earlier era in shipping. This thesis challenges the modern assumptions surrounding nautical fault by demonstrating both its importance and it relevance to the modern law of carriage of goods by sea. This thesis therefore attempts to reconcile all the factors impacting and impacted by nautical fault, and provide a clear, complete and comprehensive study of the exemption.
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Includes abstract.
Includes bibliographical references (leaves 289-330).
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Rochester, V. 2008. Nautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law. University of Cape Town.