The Scope of Application of the Rotterdam Rules and Freedom of Contract

Abstract

Scope of application of the Rotterdam Rules is one of the most discussed issues. The Rotterdam Rules use maritime-plus approach by extending the period of responsibility of the carrier beyond tackle-to-tackle and port-to-port while still allowing the parties to agree on the otherwise. The Rules are applied both for inbound and outbound traffic while requiring that both the entire transport and sea leg must be international. Most importantly Rotterdam Rules cover not only liability issues but contract of carriage extensively.