The legal position of the terminal operator changes by the integration of the carriage of goods between the sea port and the hinterland into his service profile. The terminal operator performs a wide variety of obligations, including loading and discharging, stacking, warehousing, measuring, weighing and carrying goods within and beyond the terminal’s premises. These obligations fall into different categories of contracts for which the law provides specific rules, i.e. a contract of carriage, a contract of deposit and a service contract. Some of these obligations might be subject to mandatory provisions derived from applicable national legal systems or uniform private law conventions. This book examines how to determine the applicable rules to the terminal operator’smixed contracts. This serves a practical purpose as one of themain differences between the applicable legal regimes is the terminal operator’s liabilities towards third parties such as cargo owners or ship owners who do not have a contractual relation with the terminal operator.
A Critique of the Legal, Judicial and Contractual Remedies
This book addresses one of the more controversial dilemmas in transnational contract law, especially in times of economic volatility and change – how should the law and its agents assist in ensuring that contracting parties are held to their promises whilst seeking to prevent economic waste and disorder, both for the parties and society. We live in extremely challenging economic times – the huge financial maelstrom that broke in 2008 and the after-shock effects will remain with us for years to come. Through no fault on their part, commercial people find themselves caught in contracts which have become entirely unprofitable because of the economic turmoil. At the other end of the equation, others are concerned about their contracts not being performed because they have commitments to their own customers and stakeholders which had to be met. Whilst taking sides is frequently seen as the law’s responsibility, this work argues that with the appropriate level of intervention by a neutral authority, such as a tribunal, a compromise might be found. This work examines what considerations should guide that intervention.