International Trade Law

790 Pages·2014·6.19 MB·English

by  Indira Carr

International Trade Law
Fifth Edition
International Trade Law offers a clear overview of the complexities of an international sale transaction
through informed analysis of case law, legislation, and international conventions and rules. Fully
updated with changes to the law and new directions in legal debate, this new edition considers:
• Standard trade terms including INCOTERMS 2010, the Convention on International Sales of
Goods 1980 and the UNIDROIT Principles for International Commercial Contracts 2004
• E-Commerce issues, including electronic bills of lading
• Insurance and payment mechanisms, such as letters of credit and the UCP 600
• International transportation of cargo, including the Rotterdam Rules
• Dispute resolution, incorporating jurisdiction, applicable law, arbitration and mediation
• Corruption and anti-corruption conventions, including the UK Bribery Act 2010
In addition to clarifying a range of topics through tables and diagrams, the book directs readers to
relevant further reading and online resources throughout, offering students an accessible resource
to this often challenging area of the law.

Indira Carr is Professor of Law at the University of Surrey.
‘Many of my students have commented on how useful Indira Carr’s book had been to them… .
This book is on the top of my list of suggested key textbooks.’
— Dr Simone Lamont-Black, Edinburgh University, UK
‘This is an excellently written, comprehensive and easy to navigate through book. It is an
indispensable resource for academics, practitioners and students.’
— Dr Jadranka Petrovic, Monash University, Australia
‘An excellent textbook pitched at just the right level for the modern student.’
— Dennis Crighton, Staffordshire University, UK
‘It is an excellent work on the major elements of international trade which accurately refl ects
the law and is essential for practitioners as well as students.’
— Masood Ahmed, University of Leicester, UK
‘Carr’s book is fl uently written and richly informative on the current state of the law and
practice in fi eld […] often bringing out the historical context of the international dynamics
of commercial transactions’.
— Dr Priscilla Schwartz, University of East London, UK
International
Trade Law
Fifth Edition
Indira Carr
MA (Delhi), BPhil (Liverpool), LLM, PhD (Exeter)
Professor of Law
University of Surrey

with contributions on Private
International Law by
Peter Stone
MA, LLB (Cantab), Barrister (Middle Temple)
Professor of Law
University of Essex
Fifth edition published in 2014
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2014 Indira Carr
The right of Indira Carr to be identifi ed as author of this work has
been asserted by her in accordance with sections 77 and 78 of the Copyright,
Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means, now known
or hereafter invented, including photocopying and recording, or in any information storage
or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered
trademarks, and are used only for identifi cation and explanation without intent
to infringe.
First edition published by Cavendish Publishing Limited 1995
Fourth edition published by Routledge-Cavendish 2010
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Carr, Indira.
International trade law / Indira Carr, Peter Stone. — Fifth edition.
pages cm
1. Foreign trade regulation—Great Britain. I. Stone, Peter, 1947- II. Title.
KD2460.C37 2013
343.4108’7—dc23
2013019442
ISBN: 978-0-415-65923-9 (hbk)
ISBN: 978-0-415-65925-3 (pbk)
ISBN: 978-1-315-87086-1 (ebk)
Typeset in Joanna
Project Managed and Typeset by: diacriTech
Outline Contents
Table of Cases xiii
Table of Statutes xlvii
Table of Statutory Instruments liii
Table of European Legislations lv
Table of Statutes and Other Instruments lxi
Table of Abbreviations lxxvii
Preface lxxxi
Introduction lxxxiii
Part I International Sales of Goods 1
Overview 3
1 Standard Trade Terms 5
2 The Vienna Convention on the International Sale of Goods 1980 59
Part II Regulating the Electronic Commerce Environment 95
Overview 97
3 Electronic Commerce – Legal Issues and Harmonisation 99
4 The Electronic Transaction and Security Issues 120
Part III Transportation of Cargo 149
Overview 151
5 Transportation of Goods by Sea – Charterparties 153
6 Bills of Lading 165
7 Bills of Lading and Common Law 197
8 C arriage of Goods by Sea: Bills of Lading and the Carriage of Goods
by Sea Act 1971 216
9 The Hamburg Rules and the Rotterdam Rules 267
10 International Carriage of Goods by Air 308
11 International Carriage of Goods by Rail 336
12 International Carriage of Goods by Road 351
13 International Multimodal Transport 373
vi | OUTLINE CONTENTS
Part IV Financing and Insurance 397
Overview 399
14 Marine Insurance 401
15 Letters of Credit 431
Part V Dispute Resolution 479
Overview 481
16 Civil Jurisdiction 483
17 Choice of Law 527
18 Foreign Judgments 569
19 Arbitration 584
20 Mediation (Conciliation): An Alternative Form of Dispute Resolution 609
Part VI Corruption 625
Overview 627
21 Fighting Corruption in International Business 629
Appendices 657
Index 685
Detailed Contents
Table of Cases xiii
Table of Statutes xlvii
Table of Statutory Instruments liii
Table of European Legislations lv
Table of Statutes and Other Instruments lxi
Table of Abbreviations lxxvii
Preface lxxxi
Introduction lxxxiii
Part I International Sales of Goods 1
O verview 3
1 Standard Trade Terms 5
Introduction 6
Ex works 6
CIF contracts 7
CIF contracts under INCOTERMS 2010 30
C&F contracts 34
C&F and INCOTERMS 34
FOB contracts 35
Variants of an FOB contract 44
FAS contracts 44
Conclusion 50
Further reading 50
2 The Vienna Convention on the International Sale of Goods 1980 59
Introduction 60
The Vienna Convention 63
Conclusion: Recent international initiatives 89
Further reading 93
Part II Regulating the Electronic Commerce Environment 95
Overview 97
3 Electronic Commerce – Legal Issues and Harmonisation 99
Introduction 100
Policy considerations, e-commerce and international regulatory measures 101
Electronic data interchange (EDI) and interchange agreements 103
UNCITRAL model law on e-commerce 104
viii | DETAILED CONTENTS
Other international initiatives – the International
Chamber of Commerce 112
The EU directive on e-commerce 112
The United Nations Convention on the use of electronic communications
in international contracts 115
Conclusion 118
Further reading 118
4 The Electronic Transaction and Security Issues 120
Introduction 121
Electronic signatures and UNCITRAL 122
The EU directive on electronic signatures and the UK legislation:
Electronic Communications Act 2000 and the Electronic Signatures Regulation 2002 130
Electronic medium and computer misuse 132
Conclusion: a bright future for e-commerce? 147
Further reading 148
Part III Transportation of Cargo 149
Overview 151
5 Transportation of Goods by Sea – Charterparties 153
Introduction 154
Types of charterparties 155
Common law implied obligations in a voyage charterparty 156
Common law immunities 161
Usual express terms 161
Conclusion 163
Further reading 164
6 Bills of Lading 165
Introduction 166
Nature of a bill of lading 166
Rights and liabilities of consignee/endorsee 177
The Carriage of Goods by Sea Act 1992 181
Bills of lading and fraud 186
Electronic data interchange (EDI) and the Carriage of Goods by Sea Act 1992 189
Conclusion 195
Further reading 195
7 Bills of Lading and Common Law 197
Introduction 198
Implied obligations on the part of the shipowner 198
Implied obligations on the part of the shipper 206
Shipowner's immunities 207
Common law exceptions 208
Contractual exceptions 208
Other terms in bills of lading 210
Conclusion 215
Further reading 215
DETAILED CONTENTS | ix
8 Carriage of Goods by Sea: Bills of Lading and the Carriage of
Goods by Sea Act 1971 216
Introduction 217
Interpretation of The Hague-Visby Rules in the English Courts 218
Carrier's responsibilities and liabilities 220
Carrier's immunities 232
Limitation of liability 238
Shipper's duties and immunities 247
Scope of application 251
Contracting out 262
The future 265
Further reading 265
9 The Hamburg Rules and the Rotterdam Rules 267
Introduction 268
The Hamburg Rules 270
Scope of application 271
The Rotterdam Rules (The UN Convention on Contracts for the International
Carriage of Goods Wholly or Partly by Sea) 296
Conclusion 306
Further reading 306
10 International Carriage of Goods by Air 308
Introduction 309
The Warsaw system 309
Approach to interpretation of the Warsaw Convention in the English courts 312
Scope of application of the Warsaw Convention (unamended and
amended versions) 312
Contracting out 314
Documentary responsibilities 315
Air waybill and negotiability 317
Electronic data interchange (EDI) and the Warsaw regime 317
Carrier liability 318
Consignor's responsibilities and rights 324
Consignee's responsibilities and rights 325
Proceedings 325
The Montreal Convention 331
Further reading 335
11 International Carriage of Goods by Rail 336
Introduction 337
Interpretation of the CIM 338
Scope of application 338
Documentary responsibilities 340
Electronic data interchange (EDI) and the CIM rules 342
Contracting out 343
Carrier's responsibilities and liabilities 343
Carrier's rights 345
Consignor's responsibilities and rights 346
Consignee's responsibilities and rights 347