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Adjudicatory Jurisdiction in International Carriage of Goods by Sea: Would the Rotterdam Rules Settle the Controversy?

Adjudicatory Jurisdiction in International Carriage of Goods by Sea: Would the Rotterdam Rules... GEBREYESUS ABEGAZ YIMER I. INTRODUCTION Contracts of carriage of goods are predominantly regulated by international conventions. Given the fact that a contract of carriage of goods usually would not be devoid of international elements, internationalising this area of law is appropriate; however, the internationalisation of the substantive laws of carriage of goods would not lay to rest the issue of jurisdiction, which is a common factor of all international litigations. Parties to litigation foresee the advantages and disadvantages of litigating in one or another court. To litigate in a court of your choice is like playing football on your own pitch. Players feel comfortable when they play at their home ground, though they cannot be sure they will win the game. In the same vein, litigants leave no stone unturned to bring their opponent into their favourite court. Unfortunately, there is a lack of consensus among civilised legal systems on how to regulate the issue of jurisdiction in international litigation. Understanding the existing gap and the importance of fixing this issue, most conventions on international contracts of carriage of goods have incorporated provisions that regulate the issue of jurisdiction. When it comes to carriage of goods by sea, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Adjudicatory Jurisdiction in International Carriage of Goods by Sea: Would the Rotterdam Rules Settle the Controversy?

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2013
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2013.0073
Publisher site
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Abstract

GEBREYESUS ABEGAZ YIMER I. INTRODUCTION Contracts of carriage of goods are predominantly regulated by international conventions. Given the fact that a contract of carriage of goods usually would not be devoid of international elements, internationalising this area of law is appropriate; however, the internationalisation of the substantive laws of carriage of goods would not lay to rest the issue of jurisdiction, which is a common factor of all international litigations. Parties to litigation foresee the advantages and disadvantages of litigating in one or another court. To litigate in a court of your choice is like playing football on your own pitch. Players feel comfortable when they play at their home ground, though they cannot be sure they will win the game. In the same vein, litigants leave no stone unturned to bring their opponent into their favourite court. Unfortunately, there is a lack of consensus among civilised legal systems on how to regulate the issue of jurisdiction in international litigation. Understanding the existing gap and the importance of fixing this issue, most conventions on international contracts of carriage of goods have incorporated provisions that regulate the issue of jurisdiction. When it comes to carriage of goods by sea,

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Oct 1, 2013

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