International Shipments and the Eroding Application of the Carmack Amendment

It is common in the global marketplace for products to be shipped across borders and to travel great distances. Accidents are bound to occur in which the cargo is damaged or destroyed. The Carmack Amendment was enacted in 1906 to deal with incidents on interstate trucking shipments within the United States and address issues of damages and liability. However, when the incident occurs on the domestic portion of an international route, the applicability of the Carmack Amendment is not entirely clear. This article discusses the application of the Carmack Amendment to international shipments. After an introduction to the Carmack Amendment, a recent decision of the Supreme Court in the case of Kawasaki Kisen Kaisha Ltd. V. Regal-Beloit Corporation is examined. The article then highlights three cases after the Kawasaki case which all demonstrate a more limited application of the Carmack Amendment to the domestic portion of international shipments.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/oclc/31144651
• Authors:
  • Anderson, John E
  • Patton, Jonathan R
• Publication Date: 2013

Language

• English

Media Info

• Media Type: Print
• Features: References;
• Pagination: pp 163-170
• Serial:
  • Journal of Transportation Law, Logistics and Policy
  • Volume: 80
  • Issue Number: 3
  • Publisher: Association for Transportation Law, Logistics and Policy
  • ISSN: 1078-5906
  • Serial URL: http://www.atlp.org/journal.html

Subject/Index Terms

• TRT Terms: Carriers; Court decisions; International trade; Liability; Loss and damage claims; Shipments
• Identifier Terms: Carmack Amendment
• Subject Areas: Freight Transportation; Law; Motor Carriers; I10: Economics and Administration;

Filing Info

• Accession Number: 01505409
• Record Type: Publication
• Files: TRIS
• Created Date: Jan 27 2014 11:03AM