RESPONSIBILITIES OF SHIP OWNERS AND CARRIERS DURING MARITIME TRANSPORTATION IN BAHRAIN: COMPARATIVE STUDY

Abstract

Purpose: The paper intends to study, analyze and compare the maritime laws of Bahrain in light of the various International Rules and Conventions that regulate the maritime shipping and transport industry focusing primarily on the responsibilities and liabilities of shipowners and carriers during the transportation. The paper shall be drawing similarities and differences between the legal position of the domestic law of Bahrain vis-à-vis the Hague/Hague-Visby Rules, the Hamburg Convention and the Rotterdam rules, while analyzing as whether there are any points of differences between these standards that Bahrain has to follow/abide by, throughs means of its adoption in its domestic laws. Lastly the paper shall also address any significant steps taken by Bahrain to improve their shipping industry and whether or not there are any shortfalls in the rules and standards it is to follow. 

Design/Methodology/Approach: The paper has been attempted by taking a doctrinal-qualitative analysis approach. The primary sources of research include the various rules and regulations that have been mentioned and a deep understanding and reading has been conducted in order to facilitate the comparison. The paper has also looked into key provisions under the Bahrain Maritime Code and has drawn co-relations with the general set standards and requirements under International Law and has checked if the domestic law is in lines of the set standards and general principles.

Findings: Through the means of the research, it has been observed that the Bahrain Maritime Code is the principle law in Bahrain that regulates the functions of ship-owners and carriers and provides for their responsibilities and liabilities has been taken primarily from the Hague-Visby Rules, along with taking a few aspects from the Hamburg Convention as well. Furthermore, Bahrain has taken the step towards changing, improving and technologically advancing the practice related to the Bills of Lading by adopting a Blockchain and Distributed-Ledger Technology system. Further the amendment made to the Maritime Code imposing stronger penalty looks promising in ensuring that there are no malpractices and such measures are done to increase safety and increase investment in the maritime sector of Bahrain.

Research Limitations/Implications: The review of the available documents is limited to the position of law in the nation of Bahrain and the general conventions/rules followed in the international level.

Originality: The paper intends to contribute to the research related to the existing conditions of the laws in Bahrain’s maritime shipping industry. The Paper has also tried in drawing close relationships between the domestic legislation and the various treaties governing the liability and responsibility of ship-owners.