The Liability of the Maritime Carrier for Delay in the Delivery of Goods and Its Calculation Criteria in Iranian Maritime Law, the Hague, Hamburg, and Rotterdam Conventions

Abstract

The obligations of the maritime carrier and, subsequently, their liabilities are framed within the contract of carriage of goods. Maritime transport of goods under international law is regulated by the provisions of three major conventions: the Hague-Visby Rules of 1924, the Hamburg Rules of 1987, and the recently adopted Rotterdam Rules of 2008. Therefore, different countries, depending on which of these conventions they have acceded to or incorporated into their domestic law, may have different standards for calculating damages. The calculation criteria for damages in the Hague Convention and its Visby Protocol differ from those in the Hamburg and Rotterdam Conventions. This research was conducted using a descriptive-analytical method. The calculation criterion refers to the amount of goods on which the damage is calculated and paid to the owner of the goods. The issue of delay in the delivery of goods, similar to the loss or damage of goods, is addressed in the Rotterdam Convention, which has provisions regarding delays in delivery. The Maritime Law (and the Hague Rules) does not refer to the extent of the carrier’s liability for damages caused by willful misconduct or gross negligence. The Hague Rules only consider two categories of compensable damages—loss (total loss) and damage—while they remain silent on economic losses resulting from delays in timely delivery.