Applicable Law on the Contract for International Carriage by Sea
The article analyzes the nature and the law of the flag (lex banderae), base formulas law of the flag under the legislation of some countries; the relationship between law valid flag and nationality of the ship, the basis and limits of responsibility of the carrier and other eligible persons. The problems of application of international conventions and limits of the autonomy of will of the parties are discussed. Of particular interest in this context, the relationship between the Treaty rules and the manifestation of the principle of free choice of the applicable law. The legislation of individual States and precedents which are the main source of law in English law are also reviewed.