Discussion On Non-cargo Claims Case Study Example | Topics and Well Written Essays - 1500 words

Discussion On Non-cargo Claims - Case Study Example Loading and unloading of cargoes in piers must be fast and efficient. Parties who cause the slow pace of the turn-over of those goods do not contribute to the smooth movement of harbor activities and must be penalized. Imposing the sanctions will be an incentive for shippers, consigners, and other parties to make use of port facilities and equipment with the needed efficiency especially within the context of global modernization. Cargo owners are therefore charged with the duty to see the expeditious and orderly loading and unloading of their merchandise and are liable to pay demurrage for any delay in that connection. The payment of such demurrage may not be imposed only in cases of fortuitous or unforeseen events and force majeure or in instances where the guilty party is the carrier which includes its ship captain or master. (Becerra, Robert J. THE DEMURRAGE DILEMMA. December 24, 2007. ShippingDigest. [internet]). In the case at bar, the guilty party is the master of Flying Dustma n and his accountability to compensate for the damage is solidary with the owner of the ship. Horatio has thus nothing to do with the demurrage. It must be importantly noted that the contract between O and Horatio is one of voyage charter where the legal obligations are the burden of the carrier or the shipowner. These accountabilities cover the men and crew of the vessel including the master or the captain. (Compare and contrast the duties, responsibilities, and liabilities of the charterer towards the shipowner under both time and voyage charter parties. LAW ESSAYS UK. the law essay website. [internet]) The execution of the LOF with SCOPIC appurtenant to the Flying Dustman relating to both salvage contractors Pugwash and Saviour does not have any bearing on the possible controversy because the vessel to be salvaged, Flying Dustman, or O, its owner, evidently failed to provide the initial security required by No. 4 of the SCOPIC CLAUSE of SCOPIC 2007 within two working or office da ys from the time that the said SCOPIC CLAUSE was invoked. (SCOPIC CLAUSE. SCOPIC 2007. [internet]) Under this set of facts, Pugwash and Saviour, may opt or choose not to apply the provisions of the said SCOPIC CLAUSE in its totality and may instead go back to the provisions of any subsisting contract in conjunction with Article 14 of the International Convention on Salvage, 1989 (also herein referred to as Convention for brevity) which defines, delineates and enumerates the terms of a special compensation available to salvors or salvage contractors. (Article 14. Special compensation. Chapter III RIGHTS OF SALVORS. International Convention on Salvage, 1989. Admiralty and Maritime Law Guide. International Conventions. [internet]) The rights of the salvors are clearly outlined in the above-cited Convention. At this juncture, it has to be mentioned that the parties are all citizens or subjects of states parties which are likewise members of the International Maritime Organization. The l atter enacted the Convention. The states parties involved are the United States from where the cargoes came and the United Kingdom because of its territory Monserrat where the goods are to be delivered.

Bilateral Trade in the Economies of Various Countries Essay

Bilateral Trade in the Economies of Various Countries - Essay Example Trade flows from traditional partners is becoming complicated. This means that distance is also an important factor in the bilateral trade. Bilateral trade plays an important role in the economies of various countries. However, a country’s trade with another or others depends on a number of factors. Due to the developments in bilateral trade such as regional integration are major factors (Brun, Carrere and Guillaumont 99). These coupled with the distance between trading partners they impact on bilateral trade. These forces countries to find viable options that help attract trade flow. This study analyses USA’s situation with relation to its traditional trade partners from Europe, Asia, Africa and South America. The countries used in this study were selected on the basis of their GDP, exports volume and traditional trading activities with the USA. As a result, bilateral trade flows’ gravity model is estimated between the USA and its trading partners for the periods 1990 and 2011. The general hypothesis is: The gravity equation is considered probably the most applied empirical trade device for more than a decade now. Its main advantage is that when it is applied to extensive variety factors and goods moving across national and regional borders under varying circumstances, it always produces a good fit (Anderson and Eric 170). This makes it an ideal device for econometric methods of measuring trade. Nonetheless, with the emergence of new economic theory, advancement in international trade, and globalization, a unique empirical application of the model with respect to a country’s GDP and export capability in bilateral trade is required. The Gravity trade model helps in predicting the flows of the bilateral trade and these predictions are with the distance between units in their respective  economic directions as the basis of prediction. The model can be applied in various circumstances to provide an explanation in the flow of commodities on the international scale (Anderson 106).