The Extent to Which the Loading and Unloading Contractor Benefits from Determining the Responsibility of the Sea Carrier under the Bill of Lading

Abstract

The operations of loading and unloading at the maritime cargo are the responsibilities and duties of the carrier or the shipper, or the consignee. These duties are difficult to be carried out in the frame of increasing load of ships at the modern era, and to accomplish the desire of parties of the maritime transport contract regarding the speed of execution, whereas accomplishment of these operations inquires any private equipment and high-efficiency labors at this side. However, the carrier cannot ensure these matters at every port where his shops arrive. On the other hand, it is not within the capacity of the shipper or the consignee, which necessitated recourse to a specialized contractor who performs it on his behalf in return for a wage and through his labors and equipment owned by him or leased from the port administration, which is known as the loading and unloading contractor. The carrier, shipper or consignee can entrust to him to carry out any of these operations except for sea transport. The loading and unloading contract concluded by the latter may include receiving the goods from the shipper, shipping them, stacking them, unpacking, unloading, or delivering them to the consignee. Although there is a special entity for both the loading and unloading contract and the maritime transport contract - the first interferes with the implementation of the second, which raises several inquiries regarding the degree to which loading and unloading contractors taking benefit from identification the responsibility of the sea carrier under the bill of lading, since there is an overlap in the two contracts and loading and unloading contract is a way to carry out the maritime transport contract.