Revue de droit des transports et des activités portuaires
Volume 8, Numéro 1, Pages 23-50
2021-11-08
The Maritime Carriage Of Goods Contract In Algerian Law
Authors : Boukhatmi Fatima .
Abstract
Maritime transport is of capital importance for the Algerian economy, Trade is essentially carried out by sea; apart from hydrocarbons, the Algerian economy operates thanks to the importation of raw materials, finished and semi-finished products financed by the oil and gas revenues. Algeria spent around $ 7 billion for the freight costs of imported goods and demurrage charges billed by mostly foreign shipowners. These costs would capture up to 25% of the cost price of some of these products. Furthermore, it should be noted that the maritime transport activity is only one link in a chain in which different operators are acting, involved in ports suffering from organizational and structural problems dating back to the colonial period. In this study we will identify the legal framework of the carriage of goods by sea contract and the effect of the new international environment upon this contract. Indeed, the international situation linked to the globalization of trade has participated in the overhaul of Algerian texts in order to set up a legislative mechanism for the privatization of maritime transport services and their corollaries, port commercial activities (handling, stevedoring and towing). For a long time under state monopoly, these activities can now be carried out by operators from both the state and non-state sectors. However the application of these dispositions is not so effective in practice though their enforcement dates up to 1998 (law 98-05 dated 26 juin 1998)/.
Keywords
Maritime transport ; carriage ; goods ; contract ; Algerian law
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