Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - “INTERNATIONAL CARRIAGE OF GOODS BY ROAD: CMR”
By Malcolm A. Clarke
Published by Stevens & Sons Ltd., London (1982, xxvi and 207 pp., plus 4 pp. index)
Hardback, £19.50
The Convention on the Contract for the International Carriage of Goods by Road (the CMR) was signed in 1956 by nine European States. At the end of 1979 there were 23 signatories, including all the member States of the EEC (with the exception of Eire). The CMR became part of United Kingdom law with the passing of the Carriage of Goods by Road Act 1965 which came into force in October 1967.
This book is not concerned solely with the CMR. In the preface the author states that it is a book about English law relating to contracts for the international carriage of goods by road. Where the CMR is silent, the common law prevails. Thus in the chapter concerning liability, both liability under the CMR and that governed by the common law are discussed. This work, then, provides ample illustrations of the interaction between international conventional and national law.
The text is divided into eight chapters. The first is devoted to a brief legislative history, and a discussion of the scope of the CMR. There is also an interesting exposition of the decision of Buchanan v. Babco (1978) in which the Court of Appeal and House of Lords considered the question of the interpretation of international conventions. Subsequent chapters cover the documentation, the journey, claims, the liability of the carrier and defences available to him, special risks and remedies. Each chapter contains comprehensive sub-divisions and the indexing is by way of paragraph rather than page numbers.
The author has drawn heavily on material from other jurisdictions (especially from Belgium, Holland, France and West Germany) and the French text of the CMR is reproduced. Such references emphasize the international character of the CMR and may prove to be useful to those involved in commercial litigation, as the courts have expressed a desire to see international conventions given a uniform interpretation.
In 164 pages of text Dr Clarke has succeeded in producing a highly readable yet specialized text. Here then is a useful aid for all concerned with international haulage contracts, an aid which will, no doubt, find its way on to many a commercial practitioner’s bookshelf.
Susan Sloman
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