The legal liability of the maritime carrier for the transport of live animals in Libyan maritime law (a comparative study)

Abstract

This study examines the legal liability of maritime carriers for the transport of live animals under Libyan maritime law, employing a comparative approach. This is due to the unique legal and technical challenges inherent in this type of transport, which differ from those of ordinary goods. Live animals are considered to have a special nature, as they are affected during sea voyages by numerous factors, including ventilation, nutrition, temperature, crowding, loading and unloading methods, and veterinary care. Therefore, applying the general rules of maritime transport contracts is insufficient without considering the specific practical and technical characteristics of this type of transport.

The study aims to clarify the nature and legal character of maritime transport contracts for live animals, analyze the maritime carrier's obligations in this area, particularly the obligation to prepare a vessel suitable for transporting animals, provide necessary care during the voyage, and deliver them in suitable condition at the port of destination. Furthermore, the study seeks to establish the basis of the maritime carrier's liability for damages that may befall live animals, whether in the form of death, injury, depreciation, or delays in delivery, while also outlining the limits of this liability and the means of redressing it under Libyan maritime law and comparative legal principles.