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42 J. Mar. L. & Com. 185 (2011)
The Supply of Containers and Seaworthiness - The Rotterdam Rules Perspective

handle is hein.journals/jmlc42 and id is 189 raw text is: Journal of Maritime Law & Commerce, Vol. 42, No. 2, April, 2011 The Supply of Containers and Seaworthiness-The Rotterdam Rules Perspective Talal Aladwani* I INTRODUCTION Under the current law, represented by the HaguelHague-Visby Rules and common law, the carrier is under an obligation of providing a seaworthy ves- sel before and at the beginning of the sea voyage.' The introduction of the Rotterdam Rules, in particular Article 14, imposes on the carrier additional duties from those under the current law to be fulfilled during the voyage by sea. This article will shed light on: first, the duty on the carrier to exercise due diligence to provide a seaworthy container; and second, that the exten- sion of the obligation of seaworthiness will cover the whole of the sea voy- age rather than merely 'before and at the beginning of the voyage.' In light of those extended duties under the Rotterdam Rules, this article will also shed light on their implication and their necessity for the shipping industry. The article establishes solutions to the extension of seaworthiness in regards to the container and the period of duty to be applied under the current law. *Talal H. Aladwani (LLM- International Commercial and Maritime Law), is a lecturer in commer- cial and maritime law at universities in Kuwait and the UK. Previously, he sailed as a master mariner. He recently published The Obligation of the Charterers' to Direct the Vessel to Safe Ports, (VDM, 2011). Currently, he pursues his PhD at the University of Plymouth. 'Article 3(l) of the HaguelHague-Visby Rules: The carrier shall be bound, before and at the begin- ning of the voyage, to exercise due diligence to (a) Make the ship seaworthy; (b) Properly man, equip and supply the ship; (c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.