The problems of containerisation in law and practice

This thesis questions how the recent development of containerisation has affected the liability of the carriers involved and whether we need new law to solve relevant problems that have occurred as a consequence. In my research, I will address questions such as whether law should be proactive towards technological advances and how commercial practice influences the current legal regimes dealing with this undertaking. Moreover, the problems of containerisation are analysed in practice and in law, the latter, which is often too slow for the developments in modern shipping. I will question the relationship of custom and law in relation to containerisation which both have an impact on maritime practice. The work sets out to analyse some of the main practical and legal problems in relation to the transit of the cargo by containers and the different dimensions this undertaking can take. Many different ways have been used to improve international trade meanwhile new shipbuilding is thriving nowadays. The new era of containerisation has begun and many issues have been raised about the way shipping agreements are concluded and how consignors and consignees are to fulfil shipping contracts. Exploring further this undertaking, the author would like to demonstrate the differences, both legislative and practical, in the procedures used by various states. Attention is drawn to the industry practices, such as sealing containers and deck cargo, which would be of particular use to those who are interested in the “what happens next” stage in the revolution of maritime trade and in particular, multimodal transport.