Texas International Law Journal

Texas International Law Journal is an academic journal focusing on Texas International Law

Articles from Vol. 44, No. 3, Spring

Chapter 10 of the Rotterdam Rules: Control of Goods in Transit
I. GENERAL INTRODUCTIONThe new convention's chapter on the right of control deals with situations in which the goods have been delivered to the carrier for transportation, loaded on board a ship, or are somewhere on the high seas. In other words, the...
Electronic Commerce Provisions in the UNCITRAL Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea
The new UNCITRAL Convention on International Carriage of Goods Wholly or Partly by Sea (commonly referred to as the "Rotterdam Rules") was recently concluded and will soon open for signature.1 In many ways, it aims to provide a modern and updated legal...
Forum Selection and Arbitration in the Draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, or the Definition of Fora Conveniens Set Forth in the Rotterdam Rules
The Rotterdam Rules' will, with a few practical exceptions, allow cargo interests to litigate or arbitrate cargo loss or damage claims at a place convenient for cargo interests. Cargo interests will generally be able to choose to litigate or arbitrate...
Modernizing and Reforming U.S. Maritime Law: The Impact of the Rotterdam Rules in the United States
I. IntroductionAfter seven years of work by the U.N. Commission on International Trade Law (UNCITRAL)1 and its Working Group III on Transport Law, which followed almost four years of preparatory work by the Comité Maritime International (CMI),2 the United...
The Comprehensive Coverage of the New Convention: Performing Parties and the Multimodal Implications
I. INTRODUCTION"Comprehensive" is the word that accurately describes the basic character of the Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea ("the Convention"). The Convention comprehensively regulates the major...
The Liability of the Contracting Carrier
I. THE LIABILITY OF THE CARRIER: INTRODUCTIONA. From The Hague to Vienna, via HamburgLawyers, practitioners, or academics who are involved in the law of carriage of goods by sea are used to working with a very particular liability regime based on the...
The Okinawa Dugong and the Creative Application of U.S. Extraterritorial Environmental Law
I. INTRODUCTIONThe successful protection of the Okinawa dugong is not just a simple victory for species preservation, but has significant implications to U.S. international environmental law. The international application of U.S. environmental law is...
The UNCITRAL Convention on Carriage of Goods by Sea: Harmonization or De-Harmonization?
I. INTRODUCTIONThe UNCITRAL Commission, at its 41st session from June 16 to July 3, 2008, adopted the Convention on the Contract of International Carriage of Goods Wholly or Partly by Sea.1 The United Nations General Assembly passed the Convention in...
Uniform Law for International Transport at UNCITRAL: New Times, New Players, and New Rules
"The law charges this person thus intrusted to carry goods, against all events but acts of God, and of the enemies of the King . . . [T]his is a politick establishment, contrived by the policy of the law, for the safety of all persons, the necessity...
U.S. Participation in Private International Law Negotiations: Why the UNCITRAL Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea Is Important to the United States
I. INTRODUCTIONOn July 3, 2008, the United Nations Commission on International Trade Law (UNCITRAL) approved the draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea.1 The Convention will be presented to the United...