Third party protection in the carriage of goods by sea: From bilateral to multilateral protection

Corcione, C. (2016). Third party protection in the carriage of goods by sea: From bilateral to multilateral protection. (Unpublished Doctoral thesis, City, University of London)

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Abstract

This doctoral research critically analyses third party protection in the carriage of goods by sea. The author is motivated to evaluate the rationale behind the protection of third parties in the carriage of goods by sea in the light of a new theoretical framework. The research takes into account the fact that the carriage of goods by sea is presently part of the supply chain and third parties, together with the parties of the contract, form what the author calls a multilateral common enterprise.
The existing literature in the area focuses on the legal framework of the topic but fails to consider the fact that third parties can and should be seen under a different light. This work is driven by the idea that such a topic must be tackled with a deeper understanding of the rationale and by adding modern theory to a long-established practice. Changing the perspective will provide the necessary scope to make the law more appropriate for present times.
Thus far, third parties have been considered merely a risk for the parties to the contract of the carriage of goods by sea; this research contends that they are a factual part of it and should henceforth be treated as such. They should receive protection for what they represent in the shipping industry, not just for what the main parties to the contract choose to extend to them.
The thesis analyses the legal framework of third party protection through the lens of the supply chain. No longer is the carriage of goods by sea an isolated part of the trade; it is fully integrated within it. To date, the law – contractually, internationally and domestically – has acknowledged this issue, but it has not addressed it in an appropriate manner regarding third party protection. The aim of this thesis is to do just that and, in doing so, to make a significant contribution in the field.

Item Type: Thesis (Doctoral)
Subjects: K Law > K Law (General)
Divisions: City University London PhD theses
The City Law School
URI: http://openaccess.city.ac.uk/id/eprint/18768

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