Carriage by Sea: The Sea Transport Documents Act 2000 in Historical and Comparative Perspective
(2002) 119 South African Law Journal 317-351
44 Pages Posted: 21 Feb 2018
Date Written: 2002
During the course of the Second Session 2000, the South African Parliament enacted into law the Sea Transport Documents Act. The purpose of this article is to analyse the new Act in the context of the work of law reformers and legislators in those other major commonwealth trading countries which share the same primary legislation, the (UK) Bills of Lading Act 1855, since repealed by the Carriage of Goods by Sea Act 1992. A proper understanding of the significance of these developments in South Africa and elsewhere can only take place, however, when they are seen in the context of the earlier law and, no less importantly, the commercial milieu within which the legal principles operate. Further, it must be appreciated that the contract of carriage, which is the focus of this paper, is simply one of a matrix of contracts which will be negotiated when goods are transported by sea.
Keywords: Bills of Lading, Sea Waybills, Ship's Delivery Orders, Sea Transport Documents Act, Carriage of Goods by Sea Act
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