TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

CARRIAGE GOODS WATER ACT [2 records]

Record 1 2024-04-03

English

Subject field(s)
  • International Public Law
  • Law of the Sea
  • War and Peace (International Law)
  • Foreign Trade
CONT

Arrests, restraints and detainments. The full term is "Arrests, restraints and detainments of all kings, princes and people, of what nation, condition or quality soever" ... It refers to political or executive acts and does not include any loss caused by ordinary judicial process or by riot. ... The loss usually occurs by reason of an embargo imposed by a ruling power in a country.

CONT

[Carriage of Goods by Water Act. R. S., c. 291] Article IV. Rights and Immunities.... 2. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from... arrest or restraint of princes, rulers or people, or seizure under legal process.

OBS

for "restraint of princes" : Restraint of princes and rulers. ... operation of sovereign power by exercise of vis major, in its sovereign capacity, controlling and divesting for the time, the authority of owner over ship ... Where the "restraint of princes" clause or similar language is found in the contract [or carriage by sea], a reasonable apprehension of capture or destruction of the ship or cargo will justify nonperformance of the agreement to carry.

French

Domaine(s)
  • Droit international public
  • Droit de la mer
  • Guerre et paix (Droit international)
  • Commerce extérieur
DEF

[...] mesure de police qui consiste en une défense faite aux navires de commerce de tous les pavillons de quitter le port ou les eaux territoriales.

Spanish

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Record 2 2009-07-20

English

Subject field(s)
  • Titles of International Laws and Regulations
  • Maritime Law
  • Foreign Trade
DEF

The substantive provisions of the United Nations Convention on the Carriage of Goods by Sea, 1978 adopted in Hamburg.

OBS

Source :Carriage of Goods by Water Act. Means the rules embodied in the United Nations Convention on the Carriage of Goods by Sea, 1978, as set out in Schedule II.

OBS

These rules govern the rights and responsibilities of carrier and cargo interests and may be incorporated into a contract for the carriage of goods by sea either by agreement of the parties or statutorily.

French

Domaine(s)
  • Titres de lois et de règlements internationaux
  • Droit maritime
  • Commerce extérieur
OBS

Source : Loi sur le transport des marchandises par eau. Les règles faisant partie de la Convention des Nations Unies sur le transport des marchandises par mer, 1978 et figurant à l'annexe II.

Spanish

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