CARGO INSURANCE AND CARRIER LIABILITY AS MECHANISMS OF LEGAL PROTECTION IN INTERNATIONAL TRANSPORT

Abstract

International transport entails the exposure of goods to numerous risks that may result in their loss, damage, or delay in delivery, which reasonably raises the question of the legal protection of cargo owners. Although international and national regulations prescribe carrier liability for damage occurring during transport, this liability is in certain cases limited or excluded, which is why cargo insurance plays a significant role in ensuring comprehensive legal protection for participants in the transport of goods. The authors give particular attention to cargo insurance, carrier liability, and the international conventions governing this field. The differences between the protection achieved through insurance contracts and carrier liability based on international conventions are highlighted. The aim of this paper is to analyze their mutual relationship and significance for the protection of transport participants, and to point out the need for cargo insurance as a supplement to the principle of carrier liability. The paper applies the normative and dogmatic-legal method, as well as the method of analyzing relevant international conventions, legal regulations, and professional literature. The analysis shows that carrier liability provides a certain degree of legal protection for the injured party; however, cargo insurance provides more complete compensation and reduces the risk of financial loss. It is concluded that contractual cargo insurance represents an important institution of legal certainty and protection for participants in international trade in goods.