Does International Cargo Carrying Law Exist?

Of course, it does!

However; when I think about the discussions I have been making and the questions I have been asked, I have a feeling that people start believing that international cargo carrying law does not exists, that the line holders, shippers and ones dealing with carriage services are always right, and there is no field regulating those services legally for some reason. Then I thought that it would be better to write this essay.

Since it bears great risks and is a lifeblood for foreign trade, of course there are some specific regulations for the entrepreneurs dealing with international carriage services.

However, I would like to emphasize the pressures of the logistics and carriage services which seems like an uncontrollable black mark besides the balance sheets of the greatest export champions and in which all kinds of unrelated and small damages and indemnity claims remain inconclusive despite the objections on the company.

I have been observing the disputes between the companies, commission agents, agencies and line holders in this matter.

Unfortunately, I have witnessed some unfair practices against our manufacturers and carriage commission agents for both late delivery of cargo and damage/loss on the cargo, and the costs of the additional services.

I have also witnessed that they recorded the costs related to carriage and logistics services to their financial records with the unrealistic excuses for their aggrievements such as they are legally right and they do not want to deal with them.

Actually, it is a big mistake to think that a law on carriage of trillion-dollar goods by sea, road or air around the world with billion-dollar equipment does not exist and consider the ones dealing with carriage services always right. On the contrary, carriage law imposes great responsibilities regulated in global level for the carriers and grants rights for the ones demanding and receiving carriage services.

Here, I would like to mention some points which I collected from international laws for the foreign tradespeople and which I consider as on behalf of the ones demanding and receiving carriage services.

International Road Carriage of Goods

Services on the international road carriage of goods are regulated by the Convention on the Contract for the International Carriage of Goods by Road, CMR Convention.

In accordance with this Convention, if the damage on the cargo subjected for carriage is obvious, it is necessary to inform the carrier about it during delivery. If it is not obvious, it is necessary to notify the carrier within 7 days (Sundays and holidays are not taken into consideration for this period).

If the cargo subjected for carriage is delivered late with a reason for late delivery, it is necessary to issue a written notification within 21 days from the delivery date (Sundays and holiday are taken into consideration for this period).

If the cargo is received without complying with this notification liability, it is indicated in the carriage bill that the cargo is delivered.

In accordance with the CMR Convention, the claims arising as a result of the shipments made are generally subject to a 1-year prescription period, with the exception of special cases.

International Railway Carriage of Goods

Services on the international railway carriage of goods are regulated by the Convention Concerning International Carriage by Rail (COTIF) and Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM).

All rights to claim related to the partial or complete obvious damages and losses on the cargo carried by railway are become inapplicable after it is received by the receiver or beneficiary. In other words, it is necessary to notify the carrier before the delivery for holding responsible them related to the obvious damages and losses on the cargo caused by the carriage by railway (COTIF-CIM 57/1).

It is necessary to notify the carrier about the damages and losses on the cargo which are not obvious within 7 days from the delivery date (COTIF-CIM 57-2 – the duration starts the day after the delivery date and the holidays are not taken into consideration).

In case the cargo subjected for carriage is delivered late when the determined date is taken into consideration, it is necessary to issue a notification within 60 days from the delivery date against the railways causing late delivery.

The prescription duration is subjected to 1-year and sometimes 2-year based duration in general in accordance with the COTIF-CIM 57/1.

International Seaway Carriage of Goods

There are several conventions related to the international seaway carriage. Even though the Republic of Turkey is a party to some of them, I tried to mention all of them by considering the law which is applicable for the carriage services.

International Convention for the Unification of Certain Rules of Law Regulating to Bills of Lading with date 25.08.1924 is the only legal convention which the Republic of Turkey is a party to related to the seaway carriage of goods.

The Republic of Turkey is not a party to the Protocol to Amend the International Convention for the Unification of Certain of Law Relating to Bills of Lading (Visby Rules/Hague-Visby Rules) with date 23.02.1968.

The Republic of Turkey is not a party to the United Nation Convention on the Carriage of Goods by Sea with date 31.03.1978.

The Republic of Turkey is not a party to the United Nation Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea with date 11.12.2008.

In accordance with the Articles 3 and 6 of the Hague-Visby Rules, it is necessary to issue a notification related to obvious/clear damages and losses on the cargo for the carrier before the delivery. In cases where the damages and losses cannot be detected immediately, it is necessary to issue a written notification within 3 days from the delivery date.

In accordance with the Article 19 of the Hamburg Rules, it is necessary to issue a notification for the obvious/clear damages and losses on the cargo within the first working day following the delivery date.

In cases where the damages and losses cannot be detected immediately, it is necessary to issue a written notification for the carrier within 15 days following the delivery date.

In accordance with the Articles 3 and 6 of the Hague-Visby Rules, the cause of action is dismissed after 1 year from the delivery date in case of late delivery.

In accordance with the Article 19/5 of the Hamburg Rules, it is necessary to issue a written claim within 60 days from the delivery date in case of late delivery.

In accordance with the Article 20/1 of Hamburg Rules, a 2-year prescription starting from the following day of the last date of delivery or the delivery date is regulated even though it is delivered partially.

International Airway Carriage of Goods

Services on the international airway carriage of goods are regulated by the Convention for the Unification of Certain Rules for International Carriage by Air a.k.a. “Montreal Convention”.

In accordance with the Article 31/1-4 of the Montreal Convention, it is necessary to issue a written notification for the damages or losses on the goods immediately after they are detected. In any case, it is necessary to issue a notification within 14 days from the delivery date.

It is necessary to issue a notification for the carrier within 21 days after the delivery date for the late delivery.

The indemnification claims against the carrier agency and the carriers are subjected to 2-year period for prescription (Montreal Convention Art. 35).

The foregoing issues are the ones which are asked to me most, and thus I thought I can include them as examples for the relevant cases. In other words, the issues I mentioned above are drops in the ocean when they are compared with the regulations provided by the legal documents and common law related to the international carriage. I mentioned them as special provisions in order to raise an awareness for my readers and to emphasize that the international carriage of goods is regulated within a frame of specific rules. Therefore, I recommend you see the offers or demands submitted to you as importers or exporters from a different perspective.