MARITIME AND COMMERCIAL LAW
20 August 2012 Prof. Patrick Donner
1940 (excluding cover page, table of contents and reference list)
I. Introduction The ideal of harmonization and uniformity has always proved to be particularly important factor of maritime law due to the character of maritime industry’s transaction has historically been perceived as somewhat international trade and international law. However, over the past decade, the trend forward adoption of divergent of the law relating to carriage of goods under bills of lading is highly problematic. Nowadays, there is the parallel existence of three sets of international conventions: - The Hague Rules (Bills of Lading Convention, Brussels, 25th August 1924), entered into force 2nd June 1931. - The Hague – Visby Rules 1968/79 was the amendment to the Hague Rules 1924 by the Visby Protocol of 1968 and by the Protocol regarding Special Drawing Right (S.D.R) in 1979. - The Hamburg Rules 1978 (United Nations Convention on the Carriage of Goods by Sea, Hamburg, 31 March 1978), entered into force 1st November 1992. - The Rotterdam Rules is considered as the Multimodal Transport Convention (United Nations Convention on International Multimodal Transport of Goods, Geneva, 24th May 1980), is not force due of there has not been enough 20 countries that ratify this convention. The purpose of this paper is to explore the reality of accelerated deharmonization and disunification of these international conventions by comparing the similarities and differences between various Rules. Moreover, it will be also analyzed some main disadvantages of lack of uniformity of the law relating to carriage of goods under a bill of lading. Then some recommendations for countries for a way forward will be taken into consideration as well.
Comparison of Hague Rules, Hague-Visby Rules, Hamburg Rules and Rotterdam Rules 1. Geographical scope of application The three set of Rules only apply for the contract for carriage of goods by sea in which port of loading and unloading are in different countries. - Hague Rules: the limitation of the Hague Rules is that this Convention shall only apply to the outward shipment (shipment from a port of the contracting states to a foreign port). Regarding the inward shipment (shipment from any port outside the contracting states to any port in the contracting states), the Rules does not apply. (Richarson, 1998) Hague – Visby Rules: According to Article X, the provision of this Convention shall apply to every bill of lading relating to the carriage of goods between ports in two different States. (Aikens, Lord, & Bools, 2006) Hamburg Rules: Subject to Articles II, the provisions of this Convention is applicable to all contract of carriage by sea between two countries. (Hamburg Rules) Rotterdam Rules (Article 5): this Convention is applicable to contracts of carriage in which the place of receipt and the place of delivery are in in different countries, and the port of loading and unloading of the sea carriage are in different countries, if, according to the contract of carriage any one of those places is located in a Contracting State. (Michael F., Tomotaka, & G.J.Vander, 2010)
2. Subject of these Rules Both three international conventions are applicable to the contract of carriage of goods under bills of lading, not applicable to charter parties. - Hague Rules & Hague – Visby Rules: an important limitation of the Rules is that they only apply to contract covered by a bill of lading or any similar document of title.(Article 1b) (Aikens, Lord, & Bools, 2006) - Hamburg Rules: this convention provides the application to the contracts for the carriage of goods by sea covered by a bill of lading or other document evidencing the contract of carriage by sea. (Article 2) (Hamburg Rules) - Rotterdam Rules: this convention does not apply to the charter party and other...