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Abstract

This thesis examines how laws relating to the international carriage of goods by sea interact with and are shaped by the transformative impact of containerisation. Now carrying over 90 per cent of non-bulk cargo, containerisation has extended the traditional boundaries of sea carriage, enabling goods to move seamlessly across inland and maritime segments. It has revolutionised carriage practices by introducing new variables, including container supply obligations (assumed by either the carrier or the shipper), contract scope (port‑to‑port versus door‑to‑door), and shipment configurations (FCL and LCL). Carrier obligations have accordingly evolved, while shippers increasingly assume operational tasks such as supplying the container or sealing it at premises beyond the carrier’s control. The dominant sources of liability have also transformed from traditional ship-related causes to risks associated with containerisation, while sealed containers compound the evidentiary burden by obscuring where and when damage occurs and disrupting the chain of responsibility. Liability has further expanded to include container management issues arising beyond the core carriage period. Together, these developments have redefined both the sources and nature of liability, as well as the allocation of risk and control between carriers and shippers. Despite these changes, legal frameworks and scholarship remain shaped by what this thesis terms ‘modalism’, a mode specific approach that overlooks containerisation’s distinct realities. As a result, the legal implications of containerisation remain conceptually and doctrinally underdeveloped. To address this, the thesis proposes a new theoretical framework, ‘objectism’, which places containerisation at the centre of legal analysis. This framework is grounded in English law, enriched by comparative perspectives, and informed by international conventions (including the Hague, Hague-Visby, Hamburg, and Rotterdam Rules), related instruments (such as the CMR, COTIF-CIM, CMNI, and MTC), and private ordering mechanisms through container specific clauses in bills of lading. By recontextualising containerisation within the broader framework of international carriage by sea law, this thesis bridges doctrinal theory and commercial practice. It provides a stronger legal foundation for the container shipping industry and supports the evolving judicial reasoning of English courts as disputes arising from containerisation increasingly come before them.

Publication Type:	Thesis (Doctoral)
Subjects:	K Law K Law > K Law (General) K Law > KD England and Wales

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