The Carriage of Goods by Sea Act (COGSA) is a legal framework that regulates the transportation of goods by sea. COGSA sets forth the rights, obligations, and liabilities of the parties involved in the carriage, including shippers, carriers, and consignees. It is widely recognized as an essential piece of legislation in international trade, ensuring clarity and legal protection in maritime transactions.
Under COGSA, carriers have a duty to provide seaworthy vessels and properly transport the goods. Shippers are responsible for properly and accurately documenting the cargoes, ensuring they are safe for transportation, and declaring any hazardous materials or special handling requirements. COGSA also imposes limitations of liability on carriers for damages or losses occurring during the carriage.
One crucial aspect of COGSA is the concept of "package limitation." It establishes a standard unit of measurement, known as the "package" or "unit," which may vary depending on the nature of the goods. This limitation of liability helps to protect carriers from excessive claims but can also limit the amount of compensation available to shippers in case of loss or damage.
COGSA provides a set of rules that govern the liability of the carrier for issues such as loss, damage, or delay of goods during sea transport. It establishes a framework for legal actions, time limits for filing claims, and procedures for resolving disputes. In cases of breach of contract or negligence, COGSA ensures that parties can seek compensation or remedies for their losses.
Overall, COGSA plays a fundamental role in regulating the carriage of goods by sea, protecting the interests of both shippers and carriers and ensuring a fair and balanced approach to maritime trade.
