Carriage of Goods by Sea Act - Explained
What is the Carriage of Goods by Sea Act?
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Table of ContentsWhat is the Carriage of Goods by Sea Act?How are Cargo Claims handled under the COGSA?Academic Research for Carriage of Goods by Sea Act
What is the Carriage of Goods by Sea Act?
The Carriage of Goods by Sea Act, referred to as COGSA, is a U.S. based set of statutes that regulates the authority and duties of cargo shippers and ship-owners with regard to sea shipments made from and to the U.S. See 46 U.S. Code 30701. It is substantially in the form of the Convention Regarding Bills of Lading, generally referred to as the Hague Rules.
How are Cargo Claims handled under the COGSA?
In the event the presenter of a bill of lading receives damaged or non-compliant goods or fails to received the specified goods, she has the following options:
- Make a claim against any insurance policy covering the shipment, or
- File a suit against the shipper, carrier or the seller.
If the shipper does not adhere to the Notice of Readiness (NOR), the shipowner has the right to terminate the carriage contract, and seek compensation for any losses incurred.
Academic Research for Carriage of Goods by Sea Act
- The Fair Opportunity Requirement Under COGSA Section 4 (5): A Case Study in the Misinterpretation of the Carriage of Goods by Sea Act, Sturley, M. F. (1988). J. Mar. L. & Com., 19, 1. In this paper, the authors describe the COGSA (Carriage of Goods by Sea Act) which is the domestic enactment of the global convention called The Hague Rules, assigns the risk of loss for damage of cargo. The authors provide details on the fair opportunity requirement under section 4(5) of this Act. They illustrate it with the help of a case study related to the misinterpretation of the COGSA.
- Proposed Amendments to the Carriage of Goods by Sea Act, Sturley, M. F. (1995). Hous. J. Int'l L., 18, 609. The research has been carried out to evaluate the Act, related to the goods carriage by sea commonly known as the COGSA (Carriage of Goods by Sea Act). It was amended a few times. The author throws light on the sections for which the amendments were proposed. Why these sections were amended and what kind of changes were introduced? The authors describe the important concepts in this regard, i.e. Tackle-to-Tackle limitation, bills of lading, domestic trade, the deck carriage & live animals. In the end, they mention the exception of the navigational fault and also, the fire exception.
- The Carriage of Goods by Sea Act 1992, Howard, T. (1993). J. Mar. L. & Com., 24, 181. There is no contract signed between the shipowner and the cargo owner for the carriage of goods on the international level by the sea. Every shipment has a complex web of agreements, e.g. contracts of carriage, sale, banking and insurance. The bill of lading has central importance. It contains 3 main functions. Carrier issues this receipt for the good. To the goods, it serves as a title document so that the finance houses and banks can take it as loan security, they finance the goods purchased. The protection is ensured for the shipowner from claims of misdelivery, in case, someone else holding the receipt presents it to the master while the delivery of goods at the discharging port.
- The Proposed Amendments to the Carriage of Goods by Sea Act: An Update, Sturley, M. F. (2000). USF Mar. LJ, 13, 1. This paper is an extension of the previous research done by the author 5 years ago. He throws light on the COGSA (Carriage of Goods by Sea Act) and updated information on the proposed amendments to this act from time to time. This act was passed in 1936 by the United States to assign financial responsibility for cargo damage or loss which is faced during ocean transportation. The drafting amendments include the changes in language & structure and changes to refine the proposal while the substantive amendments are in forum selection clauses and some other substantive changes. Finally, the author describes the impacts of US proposals on the international community and vice versa.
- Carriage of Goods: Hague, Cogsa, Visby, and Hamburg, Yancey, B. W. (1982). Tul. L. Rev., 57, 1238. The story of The Hague Rules was, first time, told in 1929. Since then, it has been repeated several times. The significant difference in the Harter Act-Hague Rules philosophy and the one advanced today in specific areas remained a focus in studies. This article is an introduction to the present phenomenon surrounding the Hamburg and Visby Rules. The classical attitudes of the US and the UK to be the ability of the common carrier to contract for liability for its own ignorance in cargo damage situations were on the surface, very different. However, they were the same as at common law, the public carrier liability was strict and the British public carrier was fully responsible for the protection of goods until they are in his hands.
- Carriage of Goods by Sea, Sturley, M. F. (2000). J. Mar. L. & Com., 31, 241. This paper discusses the unresolved issues in maritime law that can only be corrected by the federal courts. Also, the problems related to the carriage of goods by sea have been addressed. The author has devoted 8 years in resolving these issues and shares the improvements in the Law field. Any consideration of the power of the federal courts to reform cargo Law is subject to basically governed by the statute. The field is, really, important and frequently litigated statute in the AIT (American International Trade).
- Liability for the International Carriage of Goods by Sea, Land and Air: Some Comparisons, Sassoon, D. M. (1971). J. Mar. L. & Com., 3, 759. This research highlights the discrepancies between the obligations and rights of carriers running different modes of transport, i.e. land, sea and air and the different regulations regarding their liability for damage or loss to cargo, they use in international trade. The use of cargo is significantly a disadvantage because it is transported by sea. The sea carriers enjoy immunities and rights. In particular jurisdictions, the stipulations have been declared invalid by the United States. In specific countries, the regime governing national carriage may differ from the international one whether the mode of transport is the same.
- The limited scope of the cargo liability regime covering carriage of goods by sea: the multimodal problem, Crowley, M. E. (2004). Tul. L. Rev., 79, 1461. This study is based on the examination of the multimodal issue. It starts from the overview of the regimes of cargo liability governing land, air and sea transport. The author addresses the unique issues arising because of the limited scope of the COGSA regime and Hague Rules. He also examines the latest US Supreme Court decision in a railway case and its effects on the multimodal issue. Lastly, he provides a brief overview of the national and international efforts made to resolve the multimodal issues. The findings are that until a real multimodal convention is introduced, the sector can expect temporary court decisions to implement the rules of transportation.
- Waybills: The Modern Contract of Carriage of Goods by Sea, Tetley, W. (1983). J. Mar. L. & Com., 14, 465. This study contains suggestions by the author that shipping countries, especially Canada, must not ratify or sign the Rotterdam Rules. This is because they do not harmonize and improve the international carriage of goods Law. Instead, the shipping countries should reconvene for drafting a really binding and uniform multimodal convention. The US does not adopt the Hamburg Rules and Visby Rules. These are a part of the law of carriage of goods for most of the shipping countries. The Rotterdam Rules, most probably, fit for the US that only adopts The Hague Rules but retrograde for the shipping nations of the world including Canada that uses the law of carriage of goods by sea in much more advanced way.
- New International Regime for Carriage of Goods by Sea: Contemporary, Certain, Inclusive and Efficient, or Just Another One for the Shelves, Nikaki, T., & Soyer, B. (2012). Berkeley J. Int'l L., 30, 303. The sea carriers have insisted on the addition of clauses into the contract of damages which exempt them from law liability. National legislation strives to curtail this unlimited liberty of contract but it was not sufficient. So, at the end of the 20th century, the international community realized that it is necessary to build an international regime for global trade to develop. It has 2 objectives. Flexibility to control risks with the commercial needs, abuse prevention and parties protection who will be in a weaker bargaining position. It caused the implementation and drafting of The Hague Rules in 1920. It was the 1st ever international convention to apply specific rules universally.
- Defining Package in the Carriage of Goods by Sea Act, Toedt III, D. C. (1981). Tex. L. Rev., 60, 961. This paper provides a detailed overview of the COGSA (Carriage of Goods by Sea Act) which is the domestic enactment of the global convention called The Hague Rules, assigns the risk of loss for damage of cargo. The author defines the package in this act and why the need to make amendments arises. What are the advantages and disadvantages of this law for the transporters of sea, land and air?