Comparison of International Conventions with Turkish Law Related to the Carrier's Liability for Loss, Damage and Delay under the Contract of Carriage by Sea

Abstract

In this dissertation, the evolution of the law applicable to the carriage of goods by sea is analysed and also the main differences and similarities of international conventions on the carriage of the goods by sea and Turkish Law related to the carrier's liability for loss of or damage to the goods and delay in delivery under the contract of carriage by sea were examined. Provisions regulating the carrier's liability under Turkish Commercial Code and The Hague Rules, The Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules were compared. It was shown that the balance between cargo interest and ship interest is the main subject of the maritime law and due to the technological developments and current needs of the parties of the carriage contract of goods by sea, the carrier's liability regimes have been changed by international conventions. After the definition of the carrier and the scope of international conventions and Turkish Law are explained, provisions under international conventions related to the duties of the carrier, carrier's liability for loss, damage and delay, carrier's period of liability, exemption from liability, limitation of liability, carrier's liability for the act of other parties, burden of proof, notice requirement and time for suit were compared with Turkish Law in order to determine whether Turkish Law is in conformity with these international conventions. This research was conducted by doctrinal and comparative methodology as well as historical legal research to understand the evolution of international maritime law. As a result of this research, it was deduced that Turkish Commercial Code was drafted by considering related provisions of The Hague Rules because of that Turkey is a contracting state, as well as the Hague-Visby Rules and the Hamburg Rules. It was shown that the reason why Turkish Law adopts some provisions of the Hamburg Rules is that the Hague Rules do not cover the carrier's liability for delay in delivery. However, it is found that Turkish Law does not refer to the Rotterdam Rules.