Conclusions and a new perspective

Articulating contractual or extra-contractual provisions through preventive advocacy provides legal certainty to the parties in case of future cargo claims. Preventive advocacy is common in all sectors. It is recommended when there is a lack of material and interpretative harmonisation along with varied interpretations of treaty provisions by national courts, based on their individual legal systems. The range of national jurisprudential interpretations complicates the analysis of the provisions. The alternatives offered by procedural, material and conflictual party autonomy are not enough to overcome the lack of harmonisation affecting the global shipping market.