The first rule that reacted to this situation was the American Harter Act, 1893, issued by a country with clear cargo interests that unilaterally decided to establish a particular tax provision to related parties in the shipping contract.
The enactment of the Harter Act marked a success milestone to the movement to reform the current legislation.
Both regulations have paved the way for special laws that have limited the contractual intent, such as, among others, the American Harter Act of 1893, the Spanish Shipping Act 2014, and the 1966 French law 66-420, in charter and sea transport.
United States, Harter Act (Carriage of Goods by Sea), February 13, 1893, ch.
The Fifth Circuit, though it has not addressed the interplay between COGSA and the Carmack Amendment, has held that "[if] the parties extend the provisions of COGSA to the preloading phase, any inconsistency with the Harter Act must yield to the Harter Act.
The Fifth Circuit, though it has not addressed the interplay between COGSA and the Carmack Amendment, held that "[if] the parties extend the provisions of COGSA to the preloading phase, any inconsistency with the Harter Act must yield to the Harter Act.
17) The Fifth Circuit reversed the district court's decision and held the Harter Act is not compulsorily applicable to Atlantic's bill of lading because "proper delivery" under the Harter Act occurs when the cargo is ready for inland transport, not necessarily when the cargo arrives at its final destination.
25) According to Atlantic's contract, they extended the provisions of COGSA to cover the period of time when the Harter Act is rendered applicable.
28) Prior to the enactment of COGSA, the Harter Act governed the liabilities of shippers in the international arena as well as the domestic.
Despite COGSA's encroachment upon the Harter Act's applicability in international maritime law, courts continue to hold that the Harter Act still governs the period after the cargo has been unloaded from the ship.
Imparca Lines, (65) articulated the rule that COGSA applies until the ship unloads the cargo, thereafter rendering the Harter Act applicable only until "proper delivery".
Based upon these precedents, the Fifth Circuit has consistently applied the five-part test, and has applied the Harter Act during the period of time after unloading but before "proper delivery;" decisions evidencing uniform application are Tapco Nigeria, Ltd.