ABSTRACT

The extension of the Rotterdam Rules to permit the inclusion of nonmaritime transport aggravates the problem. The addition of the words ‘and during the voyage by sea’ in article 14 of the Rotterdam Rules is an improvement of the position for cargo interests. Article 23.1 of the Rotterdam Rules makes it clear that for apparent damage, notice or ‘protest’ has to be filed at the time of delivery and for non-apparent damage within 7 working days after the delivery of goods. The period of responsibility provided for in Art 12 demonstrates what the drafters meant when they described the Rotterdam Rules as a ‘maritime plus’ convention – that is to say, the Convention provides cover for not only the sea leg of the carriage but also the legs before and after the sea voyage. Much difficulty has been felt in defining the expression ‘perils of the sea’ in both carriage and insurance contexts.