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The Execution of the Maritime Agent’s Obligations in Modern Transport Contracts | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 37, Volume 16, Issue: 2 part 1, September 2025, Pages 795-814 PDF (842.02 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.189988 | ||
| Author | ||
| Sarah Sabah Lafta Al-Hindawy | ||
| College of Law / Al-Nahrain University | ||
| Abstract | ||
| This research aims to examine the implementation of the maritime agent’s obligations in modern transport contracts, as the maritime agent serves as the link between the carrier, the shipper, and the consignee, thereby bearing multiple legal and operational responsibilities. The study explores the legal framework governing the maritime agent’s duties, focusing on international agreements such as the Brussels Convention of 1924, the Hamburg Convention of 1978, and the Rotterdam Convention of 2009, which define the agent's responsibilities in shipping, unloading, customs clearance, and coordination with port authorities. The research also analyzes the impact of modern technologies, such as digitalization, smart contracts, and blockchain, on the nature of the maritime agent’s obligations, as these innovations have introduced new legal challenges concerning liability for operational errors caused by automation. Additionally, the study discusses legal issues related to the exemption of maritime agents from liability in cases of force majeure or errors caused by third parties, and how judicial precedents influence the scope of their obligations. Based on an analysis of various laws and regulations, the study concludes that there is an urgent need to develop a clearer legal and regulatory framework to keep pace with modern developments in maritime transport, enhance legal oversight mechanisms, and require maritime agents to adopt digital systems to ensure legal compliance and achieve greater operational efficiency. The study recommends updating national and international laws to accommodate technological transformations and standardizing legal principles regarding maritime agent liability, thereby promoting transparency and reducing legal disputes in modern maritime transport contracts. | ||
| Keywords | ||
| maritime agent; maritime transport; smart contracts; digitalization; blockchain; legal liability; Hamburg Convention; Rotterdam Convention | ||
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