Determining the Responsibility of the Insurance Company in Transporting International Goods

Abstract

The paper deals with a complete analysis of the liability of the insurer in the international carriage of goods. The paper lays down the international instruments that govern the field and to what extent they affect the liability of the insurer. The paper also analyzes the conflict of laws issues related to the international insurance. The paper further does a study of the concepts related to the international insurance of carriage of goods and liability of the insurer. The focus has been on the common law principles.

Aim and Objectives

The paper analyzes the extent of liability of the insurance company. It would give a critical analysis of the liability and limitation of liability of the insurance company under different heads. The paper has targeted different instruments like international conventions, municipal laws and most importantly principles of common law on this subject.

Scope:

Due to the paucity of time and space the researchers have limited the scope of the paper to the liability of insurance company in general sense. There is also a lacuna in International Law on this particular aspect of insurer’s liability thus more attention is paid to common law principles and the Marine Insurance Act, 1906. The author has referred to case laws from different jurisdictions to give a wider prospective but has not done a comparative study of different legal regimes.

PROBLEM STATEMENT:

The International legal existing setup is not in itself equipped to deal with issues in determining the liability of the insurance company for the transport of international goods when the ship sank for a reason beyond the control of the captain.

RESEARCH Methodology:

The methodology adopted in the research for this paper involves a thorough reading and analysis of the liability of insurer in the international carriage of goods. The study is thus based primarily on a doctrinal-qualitative approach. Based on the research, co-relations have been drawn with the position of the law in other jurisdictions.

DOI: 10.7176/IAGS/92-03

Publication date: December 31^st 2021