Thesis 31

The bimco uniform bill of lading clauses and conditions under the Carriage of Goods by Sea Act 1991.

by Sirintornrut Kungsaviwat.(1997) ; Master Degree thesis. *(The Full Text view in Thai Language only)*.

ABSTRACT

         It appears that a present practice of international liner shipping business usually lays down similai clauses and conditions in bill of lading. All or parts of the clauses and conditions are usuallly taken from the international standard form initiated or formulated by an association of shipowers called "BIMCO". Such provision may lead to certain practical problems because Thailand enacted the Carriage of Goods by Sea Act in ACt in 1991. Since the legislation does not adopt not adopt the whole international concepts applicable to general bill of lading. Thus, this thesis focuses on the study of the principles of the Act applicable to the clauses and conditions in the bill of lading commonly used in the practice of carriage of goods by sea. The study finds that some clauses and conditions in the bill of lading issued for domestic and international maritime transport are not enforcable under the Carriage of Goods by Sea Act 1991. Because the principles of the Act were not totally derived from Hague Rules and HagueVis by Rules which are always referred to in the bill of lading. In the author's opinion, Thailand should consider the amendment of certain provisions of the Act taking into account the International Law directly applicable to bill of ladings and the basis of improvement should be to promote the Thai mercantile marine business so that it can compete with other countries.

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