ABSTRACT
The Rotterdam Rules are the latest attempt to establish a global regime relating to the carriage of goods wholly or partly by sea. They are a much more comprehensive instrument than their several international predecessors and continue to excite debate about their merits. To date they have not obtained significant support and their future is at best uncertain. In this contribution the Rules are assessed in relation to their potential impact on international sale and commodity contracts, and associated trade finance. In most instances the carriage of goods by sea is an element in the performance of an international sale contract, with the contract determining which party is responsible for arranging the carriage. The associated transport documentation may play a vital role in the performance of the sale contract, providing evidence of compliance with the sale contract and providing the means by which protective contractual rights may be acquired. They may also be the means by which delivery of the goods is ultimately obtained. The Rules recognise this wider horizon and give significant attention to the nature, status and legal significance of transport documents, and related issues. In this contribution the significance and effectiveness of the Rules are evaluated in the context of contemporary contractual and commercial practices adopted in international maritime trade.
