AN OPTIMAL MODEL FOR REFORMING COGSA IN THE UNITED STATES: AUSTRALIA'S COGSA COMPROMISE

Reform of the U.S. Carriage of Goods by Sea Act (COGSA) has recently been the subject of debate both domestically and internationally. However, several obstacles have precluded congressional reform of the U.S. COGSA including a desire for international compatibility in the regime; a need to incorporate elements from several conventions and the apparent mutual exclusivity of those conventions; and agenda-driven demands by shipping interests for inclusion or non-inclusion of individual provisions that comprise the convention. This paper proposes that a novel approach taken in reforming the Australian COGSA could be readily adapted to meet the needs of U.S. lawmakers in finding an appropriate and universally attractive vehicle for modernizing the U.S. COGSA. An analysis is provided examining the development of the Maritime Law Association's proposed COGSA and Australia's newly amended COGSA, with a comparative analysis of the components of Australia's COGSA that might be applied in the U.S.

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  • Corporate Authors:

    University of Denver College of Law

    Editor in Chief, 7039 E 18th Avenue
    Denver, CO  United States  80220
  • Authors:
    • Thornton, S R
  • Publication Date: 2001

Language

  • English

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Filing Info

  • Accession Number: 00961680
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Aug 13 2003 12:00AM