The Time Scope of the Container Carrier's Liability (A Comparative Study based on International Conventions and Iraqi and Egyptian Laws)

Abstract

This research dealt with the time scale of the responsibility of the container cargo carrier at both the domestic and international levels, within two sections. The shipper or his representative or an authority or a third party for the purpose of transporting them by land, sea or air to the place agreed upon and handing them over to the consignee or his representative at the place of delivery. Multimodal transport, which undertakes the process of managing and organizing transport and its implementation by multiple modes of transport with the help of other carriers through contracting with them. As for the second topic, we have touched on determining the time period for the responsibility of the container carrier, and we have found that this period is wide in this type of transport compared to what is commonly known. In conventional transport, it begins from the time the carrier acquires the goods contained or receives them from the shipper or his representative, regardless of the place of receipt or adherence to a specific port, and ends with the delivery of those goods to the consignee or his representative at the place of delivery, even if that is outside Discharging port limits. This is what we noticed with the Iraqi legislator, as he did not specify the place of receiving and delivering the goods, as did the Egyptian legislator and the Hamburg Convention, which linked the time scale of the carrier’s responsibility to the port of loading and the port of discharge, and what the Brussels Convention did in linking that scope to the shipping process itself, contrary to the Rotterdam Convention that agreed with the legislator Al-Iraqi decided to adopt provisions according to which it expanded the scope of the carrier's responsibility in terms of time, taking into account the developments in the commercial reality in the field of transport, especially container transport.