Commercial Management of Goods in Maritime Transport from the Perspective of Iranian Maritime Law and the Rotterdam Rules

Abstract

In the cycle of maritime transport of goods, given the multiplicity of parties involved in the carriage and the cargo, adherence to the contract of carriage does not merely entail the creation of obligations. In fact, in return for the obligations and duties established, certain rights are also conferred upon the other contracting party. These rights encompass reciprocal obligations and commitments of the contracting party and may also constitute rights pertaining to the goods subject to carriage. The right so established results in the authority and control of the holder over the goods during carriage, commonly referred to as the commercial management of goods. This right is not necessarily a quid pro quo for obligations, although at times it may be implied within the obligations of the other party. Such a right may arise from the agreement of the parties under the contract of carriage, from the bill of lading or other maritime transport documents issued, or from the laws, regulations, and customs governing the carriage of goods. It may come into existence at the time of control over the goods, either from the outset of such control or during the period of authority and domination over the goods, as the case may be. On this basis, this article, while elucidating the concept and nature of the commercial management of goods, addresses the subject by examining Iranian maritime law and the provisions of the Hague Rules as the international instrument underpinning maritime law. Finally, through comparison with the provisions of the Rotterdam Rules, it provides a clear depiction of the conditions and mechanisms through which the right of commercial management of goods in maritime transport is established.