A Comparative Analysis Of Applicability Of Seaworthiness Undertaking In The Carriage By Sea Laws Of Tanzania And China

Seaworthiness of a vessel is an important requirement under the carriage of goods by sea, whereby carrier is placed under an obligation to act in due diligence to ensure that the vessel is tight, staunch and strong, properly manned, provided with all necessary stores, and in all respects fit for the intended voyage. However, quantitative results shows that in real practice this obligation is more or less jeopardized as a result the world has observed great losses and damages to cargoes and properties associated by carriers' breach to act in due diligence to make the vessel seaworthy.Basing on library research, documentary review, and online research conducted during a cause of this study, the laws governing carriage of goods by sea in general and seaworthiness in particular have been considered. Moreover, the importance of seaworthiness and the applicability of seaworthiness obligation in the P.R China and the United Republic of Tanzania have been deeply analyzed, and at the end of this work necessary recommendations to alleviate the problem are incorporated.This research work starts by examining historical development of seaworthiness obligation starting from the common law. the Harter Act, The Hague and Hague Visby Rules. Hamburg Rules and Rotterdam Rules. This research work stressed on how the seaworthiness obligation is comparatively reflected in the carriage of goods laws of the United Republic of Tanzania and the P. R. China, and its applicability and practice. The findings of which helped the author to come up with recommendations on how to minimize or completely alleviate the problem.Negligence and recklessness, lack of maritime knowledge, lack of proper qualifications, petty corruption, poverty, unseriousness and disobedience of laws on the part of surveyors, carriers and offshore management as well as other maritime actors have been observed to be a contributory factor for occurrence of great losses and damages of cargoes and other properties caused as a result of sending unseaworthy vessels at sea.Recommendations contained in this study are basing on the findings of what causes unseaworthiness of vessels problem under Tanzania and P. R. China.