International Trade and Carriage of Goods by Sea
Texts, Cases, and Materials
The scarcity of books on international trade and international carriage of goods that not only highlight global principles but reflect the peculiarities of the local operating environment and laws remains a source of concern to tertiary institutions, traders, bankers, legal practitioners, and the courts. This book has provided the much-desired, in-depth research and analysis of the legal, commercial, and operational issues related to international carriage of goods from domestic and international perspectives. Its appeal lies in the global approach that is notrestricted to the legal profession or the judiciary but encompasses other sectors involved in international trade and cross-border carriage of goods by sea, including the financing, import and export sectors.
Cross-border trade and carriage of goods comprises multiple phases that commence well before loading goods on a vessel for shipment. These phases include the sale, pre-shipment activities, shipment, delivery, and post-delivery phases. Multiple and different actors must work together in an orchestrated sequence to satisfy all the interests involved in the transaction, supply chain and transportation phases. This nearly 600-page book, consisting of 9 chapters covers the essential contracts between multiple parties that come into play prior to the actual carriage of goods, the transportation of goods by sea and delivery, the allocation of responsibilities and risks among parties, and liabilities arising therefrom. Mercantile and financing topics and processes such as trade terms for imports and exports, documentary credits system, logistics and transportation that merchants often find complicated and confounding are presented in a simple manner that is readable and rich in content. It examines and explores, in detail, the interrelationship between the crucial parties, including risks, obligations, rights and potential liabilities for the seller, buyer, consignee or endorsee, banks, carrier and other related parties. Concentration is on bill of lading carriage, though charterparty is elaborated in the context of charterparty terms that impact on bill of lading carriage.
The book contains in-depth explanations and analysis of the procedures, guidelines, roles, and risks associated with documentary credits payment system. It unravels the complexity of documentary credits for bankers, merchants, regulators, lawyers, and courts and includes illustrations of actual transactions and disputes. Parties and their advisors are armed with the skills required to undertake informed assessments of legal risks involved in all the phases of cross-border sales and transportation of goods. Reflecting the international nature of financing cross-border sales and carriage of goods, issues related thereto are approached from international and domestic perspectives and demonstrated with applicable foreign and domestic case law. The book relies heavily on case law and contains extensive texts and materials that the reader will find helpful for research, practice or studies.
Illustrations, standard forms and relatable diagrams are used to explain concepts, process flow and principles. The reference to several Nigerian and foreign judicial precedence to illustrate legal principles and industry practices recommends this book to not only the judiciary but as a valuable tool to researchers, tertiary institutions, importers, exporters, bankers and transaction advisers within and outside Nigeria. It is my hope that the exposition in this book on the unresolved issues intrinsic to international carriage of goods will lead to enhanced clarity and required reforms in the legal, trade and economic sectors that will foster market confidence, competitive services, growth of the shipping sector and a reasonable degree of predictability in dispute settlement.
In “International Trade & Carriage of Goods by Sea”, highly respected corporate lawyer and maritime law expert, Barrister Mfon Usoro takes readers on an enlightening journey through the intricate world of maritime law. With a focus on the international sale and transportation of goods, this comprehensive guide is an indispensable resource for professionals seeking to understand and navigate the complexities of this specialized field. Harnessing her extensive knowledge of the subject, garnered through decades of experience as a legal practitioner, national regulator, and international thought leader, the author delves chapter by chapter into text, cases and materials relevant to the legal, commercial, and operational issues related to international carriage of goods. The author has covered the subject matter from both a Nigerian and international perspective. She does her nation great credit by ensuring that Nigerian peculiarities have been given scholarly attention. Mfon’s dedicated service to the maritime sector is matched by only a few. This book, being her latest contribution, will cement her legacy as true leader of maritime law.
Aigboje Aig-Imoukhuede, CFR
Chairman, Access Holdings Plc
“I have had the privilege of witnessing firsthand, for well over 30 years, the exceptional expertise and dedication of the author, my dear friend and colleague, to the law and practice of international maritime law. This book is, in part, the culmination of her extensive experience and knowledge, offering a comprehensive and insightful guide that navigates the complex landscape of international trade and the carriage of goods by sea. I say, “in part” because I know this will not be her last book. With its meticulous analysis and lucid language garnished with a plethora of Nigerian cases, this work is an invaluable resource for anyone involved in international trade, from practitioners and academics to students and shipping professionals. Mfon Usoro’s mastery of the subject matter is evident in the way she has deftly broken down complex legal concepts into understandable segments. The first three chapters alone provide a thorough foundation in international sales and transportation of goods by sea, the role of documentary credits in financing international trade, and the implied obligations in the carriage of goods by sea contracts. She has distilled intricate legal ideas into clear and concise language, making this book a veritable treasure trove of knowledge that will benefit readers. I wholeheartedly commend Mfon for her remarkable contribution to the growth of Nigerian jurisprudence in international trade and the carriage of goods by sea. This reference book will undoubtedly have a lasting impact on the development of maritime law in Nigeria and beyond, serving as a go-to reference for legal practitioners, shipping professionals, and anyone involved in international trade.”
Funke Agbor, SAN, FCIArb
Partner, Dentons ACAS-Law
President, Nigerian Maritime Law Association
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