The legal system of the right of control of goods in the international sea transport of goods A comparative analytical study in light of the new federal maritime law and the 2008 Rotterdam Convention

The research addresses one of the new issues in the Rotterdam Rules 2008 for the maritime transport of goods stipulated in Article (50) and what follows, which is the right to control. The intention is to control the goods throughout their journey from door to door. The research compared the concept and scope of this research in Rotterdam Rules and the new federal maritime law issued by Decree Law No. (43) of 2023, which preceded other maritime laws in the Arab world, taking into account this right in Article (174) thereof. This right is related to important legal issues, such as the carrier’s obligation to deliver the goods at the place and time agreed upon between the shipper and the carrier, the delivery of the goods without a transport document, the carrier’s right to request instructions regarding the undelivered goods, and the duty of cooperation between the shipper and the carrier.This research was divided into two sections, the first deals with the identity of the controlling party, and the second defines the scope of the right to control. With regard to determining the identity of the controlling party, it was divided into two requirements. In the first, the identity of the controlling party was determined in the absence of a negotiable transport document or record, and in the second, the identity of this party was determined in the event that there was a negotiable transport document or electronic record. As for the second section on the scope of application of the right to control, it was divided into two requirements. In the first, the time frame for exercising this right was determined, and in the second, the substantive scope of the right to control was determined.At the end of the research, several results and recommendations were reached, the most important of which was rearranging Articles (50) to (54) of the Rotterdam Rules 2008 and amending Article (174) of the aforementioned Federal Maritime Law.