Towards a Reformed Carriage of Goods by Sea Law: Indonesia and Global Practice

  • Tetty Lubis International Business Law Program, Prasetiya Mulya University
Keywords: Carriage of Goods by Sea, Hague Rules, Hague Visby Rules, Hamburg Rules, Rotterdam Rules, UNCITRAL

Abstract

The UNCITRAL (United Nations Commission on International Trade Law) has adopted four international conventions to standardize laws governing the carriage of goods by sea. Hybrid versions of the four conventions have been largely applied by most maritime countries in the world, which leave a few countries to uphold their own versions, including Indonesia. Ten major trading partner countries with Indonesia have long established the implementation of provisions under the UNCITRAL conventions, while Indonesia still stays with 1898 codes, inherited from Dutch colonization. This paper examines the key provisions and shortcomings of UNCITRAL conventions and their global adoption. The discussion continues to individually evaluate and compare the legal practices of governing carriage goods by sea in Indonesia and its ten major country partners. The comparison analysis results in similar implementation of a hybrid version of the four UNCITRAL conventions adopted by the ten trading partners; which strongly encourages Indonesia to replace the 1898 commercial codes with current international practices that convey the best interests of Indonesia.

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Published
2020-08-06
How to Cite
Lubis, T. (2020). Towards a Reformed Carriage of Goods by Sea Law: Indonesia and Global Practice. Mulawarman Law Review, 5(1), 61-79. https://doi.org/10.30872/mulrev.v5i1.330
Section
Articles