706 HOUSTON JOURNAL OF INTERNATIONAL LAW Section 8, 46 U.S.C. App. § 1308 [Vol. 18:609 The provisions of this Act shall not affect the rights and obligations of the carriers under the provisions of the Shipping Act, 1916, the Shipping Act of 1984, or of any amendments thereto; or under the provisions of sections 4281 to 4289, inclusive, of the Revised Statutes of the United States, or of any amendments thereto; or under the provisions of any other enactment for the time being in force relating to the limitation of the liability of the owners of seagoing vessels. Section 9, 46 U.S.C. App. § 1309 Nothing contained in this Act shall be construed as permitting a common carrier by water to discriminate between competing shippers similarly placed in time and circumstances, either (a) with respect to their right to demand and receive bills of lading subject to the provisions of this Act; or (b) when issuing contracts of carriagesuch bills of lading, either in the surrender of any of the carrier's rights and immunities or in the increase of any of the carrier's responsibilities and liabilities pursuant to section 5, title I, of this Act; or (c) in any other way prohibited by the Shipping Act, 1916, the Shipping Act of 1984, or of any amendments theretoas amended. Section 10 [repealed in 1940] Section 11, 46 U.S.C. App. § 1310 Where under the customs of any trade the weight of any goods in bulk earge-inserted in the contract of carriagebill of lading is a weight ascertained or accepted by a third party other than a the carrier or the shipper, and the fact that the weight is so ascertained or accepted is stated in the contract of carriagebill of lading, then, notwithstanding anything in this Act, the contract of carriagebill of lading shall not be deemed to be prima facie evidence against the carriers of the receipt of goods of the weight so inserted in the contract of carriagebill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper. 1996] PROPOSED AMENDMENTS TO COGSA 707 Section 12, 46 U.S.C. App. § 1311 Nothing in this Act shall be construed as superseding any part of the Act entitled "An Act relating to navigation of vessels, bills of lading, and to certain obligations, duties, and rights in connection with the carriage of property", approved February 13, 1893, or of any other law which would be applicable in the absence of this Act, insofar as they relate to the duties, responsibilities, and liabilities of the ship or carrier prior to the time when the goods are loaded on or after the time they are discharged from the ship. Section 13, 46 U.S.C. App. § 1312 This Act shall apply to all contracts for that include the carriage of goods by sea covering transportation to or from perte of the United States in foreign trade. As used in this Act, the term "United States" includes its districts, territories, and possessions. The term "foreign trade" means the transportation of goods between the ports of the United States and ports of foreign countries. Nothing in this Act shall be held to apply to contracts for carriage of goods by sea between any port of the United States or its possessions, and any other port of the United States or its possessions: Provided, however, That any bill of lading or similar document of title which is evidence of a contract for the carriage of goods by sea between such ports, containing an express statement that it shall be subject to the provisions of this Act, shall be subjected hereto as fully as if subject hereto by the express provisions of this Act; Provided further, That eEvery bill of lading or similar document of title which is evidence of a contract of for the carriage of goods by sea covering a shipment from a ports of the United States, in foreign trade, shall contain a statement that it shall have effect subject to the provisions of this Act. Section 14, 46 U.S.C. App. § 1313 Upon the certification of the Secretary of Commerce that the foreign commerce of the United States in its competition with that of foreign nations is prejudiced by the provisions, or any of them, of title I of this Act, or by the laws of any foreign country or countries relating to the carriage of goods by sea, the 708 HOUSTON JOURNAL OF INTERNATIONAL LAW [Vol. 18:609 President of the United States may, from time to time, by proclamation, suspend any or all provisions of title I of this Aet for such periods of time or indefinitely as may be designated in the proclamation. The President may at any time rescind such suspension of title I hereof, and any provisions thereof which may have been suspended shall thereby be reinstated and again apply to contracts thereafter made for the carriage of goods by sea. Any proclamation of suspension or rescission of any such suspension shall take effect on a date named therein, which date shall be not less than ten days from the issue of the proclamation. Any contract for the carriage of goods by sea, subject to the provisions of this Act, effective during any period when title I hereof, or any part thereof, is suspended, shall be subject to all provisions of law now or hereafter applicable to that part of title I which may have thus been suspended. Section 15, 46 U.S.C. App. § 1314 This Act shall take effect ninety days after the date of its approval; but nothing in this Act shall apply during a period not to exceed one year following its approval to any contract for the carriage of goods by sea, made before the date on which this Act is approved, nor to any bill of lading or similar docu ment of title issued, whether before or after such date of ap proval in pursuance of any such contract as aforesaid. Cases in which the goods were received by a carrier prior to the effective date of this Act shall be governed by the law that would have applied but for the passage of this Act. Section 16, 46 U.S.C. App. § 1315 This Act may be cited as the "Carriage of Goods by Sea Act of 1996." I am writing to you as an active member of the law firm of Healy & Baillie, LLP, which I joined in 1979. I wish to express my support for the bill which is expected to be submitted shortly to the United States Senate, although a Senate bill number has not yet been assigned, entitled "Carriage of Goods by Sea Act 1998." In order to enable you to understand my specific interest in this issue, I would like to give you some information about the nature of my law practice and why I have an interest in this proposed legislation. I was admitted to practice in New York in 1962 where I have been continually engaged in the practice of maritime, shipping and international law. Prior to my joining Healy & Baillie, LLP, I had been engaged in the practice of international and maritime law with another law firm as well as with Bethlehem Steel Corporation as their maritime counsel. In this law practice, I have become heavily involved in numerous commercial transactions and litigations, both in the United States and in foreign countries. My practice has included acting as counsel for various members of the maritime industry, including shippers, carriers and related parties. I have had substantial involvement in matters relative to claims involving the transportation of goods in the foreign commerce of the United States. I am also a member of The Maritime Law Association of the United States ("MLA") and currently serve as a member of its Board of Directors. I consider myself quite knowledgeable about the study of carriage of goods prior to the anticipated introduction of HEALY & BAILLIE, LLP CONNECTICUT TELEPHONE (203) 961-7250 TELECOPIER (203) 357-7909 TELEPHONE: (973) 912-8955. TELECOPIER (973) 912-9767 HEALY & BAILLIE HONG KONG TELEPHONE (852) 2537-8628 TELECOPIER: (852) 2521-9072 HEALY & BAILLIE NEW JERSEY |