A Critical Analysis of the Laws Relating to the Carriage of Goods by Sea: Bangladesh and Türkiye Perspective

Authors : Asm Mahmudul Hasan, Md. Minhajul Abedin Chowdhury, Md Syful Islam

Pages : 1002-1015

Doi:10.21547/jss.1425899

View : 66 | Download : 47

Publication Date : 2025-04-29

Article Type : Other Papers

Abstract :Despite its centrality to international trade, maritime law remains a patchwork of uneven regulations across countries. As Bangladesh and Türkiye demonstrate, the carriage of goods by sea is governed by a complex interplay of international conventions and domestic statutes, with varying degrees of protection for both shippers and carriers. While Bangladesh clings to the outdated Hague Rules, favoring carrier interests, Türkiye navigates a more balanced landscape with Hague-Visby and Montreal rules. However, both countries struggle with the potential for conflicting laws when domestic legislation adds another layer to the regulatory mix. The emergence of the Hamburg and Rotterdam Rules, with their emphasis on shipper-carrier equity, offers a glimpse of a fairer future. Yet, their limited ratification demonstrates the reluctance of some developed shipping nations to cede their advantage. This discrepancy highlights the need for developing countries like Bangladesh to consider embracing the modern conventions. Doing so could not only protect their shippers but also simplify dispute resolution and foster legal certainty in a globalized trading environment. Modernizing domestic legislation and dispute resolution mechanisms would further strengthen this position. Ultimately, navigating the legal terrain of the seaway requires understanding the complex interplay of regional nuances and global aspirations. In this context, Bangladesh and Türkiye offer valuable case studies for charting a course towards a more equitable and efficient maritime legal framework. Its originality lies in the focus on the adoption of modern maritime conventions by developing countries, providing a unique perspective on an issue that predominantly affects these nations in the global trade arena.
Keywords : Eşya taşınması, Gönderici, Taşıyan, Bangladeş, Türkiye