The Bremen, COGSA and the Problem of Conflicting Interpretation

Black, Jr., Charles L.

Journal: Vanderbilt Journal of Transnational Law

Volume: 6

First Page: 365

Year: 1973

Bluebook Citation: 6 VAND. J. TRANSNAT'L L. 365 (1973)

Author: Jr Charles L. Black: all 5 publications


Abstract

All aspects of the important Bremen decision will be explored in these Comments and elsewhere. I propose to present just two ideas, without needless connective verbal tissue between them: I. The Bremen case has nothing to do with the Carriage of Goods by Sea Act (COGSA); both choice-of-forum and choice-of-law clauses should continue to be invalidated in bills of lading subject to that Act. II. The best solution for international conflicts of interpretation as to COGSA (and doubtless as to other statutes based on international conventions) would be an international court of appeals, exercising a discretionary jurisdiction, but empowered to affirm or reverse the judgments of national courts on these points of interpretation.

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