Delivery of Goods by the Sea Carrier to a Non-Consignee at the Port of Arrival: A Comparative Analytical Study in Yemeni Law and International Conventions (Brussels 1924 – Hamburg 1978 – Rotterdam 2008)

Abstract

This study addresses the issue of the sea carrier's delivery of goods at the port of arrival to a non-consignee, which raises several key questions, most notably: the adequacy of the provisions in Yemeni law and international conventions in regulating this subject and its related matters. The study employed descriptive, analytical, and comparative methodologies. It is divided into two main sections: the first section examines the essence of the carrier's delivery of goods to the consignee, while the second section addresses the legal regulation of delivering goods to a non-consignee.

The study revealed several key findings, the most important of which are: the existence of legislative shortcomings in Yemeni law concerning the lack of regulation for cases involving the loss of bills of lading, the delivery of goods to an authority or a third party, and the failure to regulate the issue of the right of control and delivery under electronic transport documents. The study concluded with several recommendations, the most important of which are: the necessity of developing and modernizing the provisions of Yemeni maritime law, incorporating texts that regulate all forms of delivery of goods to a non-consignee, and urging the adoption of the provisions introduced by the Rotterdam Rules 2008, such as the right of control and the regulation of electronic document use.