Article IV rule II of the protocol to amend the International convention for the unification of certain rules of law relating to bills of lading: a critical analysis of the three most litigated maritime defences available to the carrier.

Abstract

The defences of negligent navigation; fire and heavy weather as a peril of the seas will be examined in this study as they have been identified as the most controversial and litigated defences contained in the Hague-Visby Rules. Articles III and IV of the Hague-Visby Rules which are the relevant provisions pertaining to the defences will be critically analysed in the study. Case law of the jurisdictions of the United States of America, the United Kingdom, Australia and South Africa pertaining to the defences will be examined in order to critically analyse and evaluate the defences. The aim of this study is to examine how these defences are interpreted and applied in different jurisdictions in order to draw conclusions on their relevance and whether they still have a place in modern maritime trade.