|Legal Issues in the Contract of
Carriage of Goods by Sea and Possible Solutions by the Draft of the Carriage of Goods by
Sea Act B.E...
by Miss Kanongnij Sribuaiam
(1989) ; Master degree thesis.*(The Full Text view in Thai Language only)*
The purpose of this thesis is
to catagorize those salient legal issues arising from the carriage of goods by sea
contract which have been contested in the Thai Courts. There are seven issues of legal
problems as follows.
1. The question whether the carriage of goods by sea contract
includes the carriage within internal waters.
2. At present, Thailand has not yet enacted national law concerning
the carriage of goods by sea. The question is that which law should be applied.
3. The question that who may be considered as a carrier.
4. The question of the liability of each carrier in the transport by
5. The question of exemption and limitation to the liability of the
6. The question about the right of the consignee.
7. The question about the prescription.
This thesis then proceeds to
analyse the draft of the Carriage of Goods by Sea Act B.E.... proposed by the Ministry of
Communication by comparing it with international conventions : the Hague-Visby Rules,
partially in the light of the court's decisions rendered in the United Kingdom and the
United States, and the Hamburg Rules. Following that, discussion is made as to whether the
draft Act could beexpected to resolve any of the above-mentioned questions.
It is submitted that this draft
Act can only resolve some of the problems leaving some others untouched. The wording in
some parts of the draft should be amended in order to avoid unnecessary ambiguities and
someprovisions should be altered to follow the Hague-Visby Rules in stead of the
In all, this draft Act, when
coming into force, would dispel the dilemma facing the Thai Courts on the problem of which
legal provisions should apply to those cases arising out of the carriage of goods by sea
contract. The certainty of the law will also entail consistency in its application.