Article 47(2) of the Rotterdam Rules: Solution of old problems or a new confusion?

Abstract

The Rotterdam Rules, adopted by UNCITRAL in 2008, address a number of issues that have not been regulated by previous international conventions, such as the delivery of goods and the right of control. The ambitious and innovative approach of the Rotterdam Rules has attracted much international debate. This article aims at contributing to this debate by discussing the provisions related to the delivery of goods. The main focus is on Article 47(2), one of the most controversial provisions of the Rules. The article analyses in detail this legislative provision, its rationale and possible impact on the law governing the carriage of goods and international sales law.

Keywords

• carriage of goods by sea
• international conventions
• transport documents
• negotiable documents
• delivery of goods
• Rotterdam Rules (2008)
• prijevozne isprave
• vrijednosni papiri
• prijevoz stvari morem