Hague-Visby Rules

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CHAPTER 1 APPLICATION OF THE RULES GENERALLY INDEX
I.
II. Introduction The Hague Rules 1) 2) III. The general principle of application Paramount clauses and the Hague Rules

The Visby Rules 1) 2) 3) 4) 5) A brief history of the Visby Rules Hague/Visby Rules - a single document Visby Rules - force of law Paramount clause - Visby Rules Extent of application - Visby Rules

IV.

The Hague and Hague/Visby Rules 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) Contracts of common and private carriage Sea transportation of goods Bill of lading - the best evidence of the contract Contracts to which the Rules apply Waybills Summary of application of the Rules to contracts of carriage No bill of lading issued Cargo never received Charterparties Waybills Tackle to tackle The Rules may apply by agreement What is the agreement? Examples of application before loading and after discharge During transhipment - through bill of lading Contracts other than contracts of carriage a) Contract of towage b) Carriage ancillary to another contract c) Bills of lading in a set d) Volume or tonnage contracts – « contrat de tonnage »

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V.

Application of National Statutes 1) 2) 3) 4) 5) Introduction The United States The United Kingdom France Canada

VI. VII.

Incorporation by Reference COGSA, the Harter Act and State Law - U.S. 1) 2) 3) 4) 5) Introduction COGSA - incorporation by reference The Harter Act Conflict between COGSA and the Harter Act State law and COGSA

VIII. The Hamburg Rules - application

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CHAPTER 1 APPLICATION OF THE RULES GENERALLY
I.
3

Introduction

The Hague Rules1 were adopted in 1924, the Hague/Visby Rules in 19682 and 1979 and the Hamburg Rules4 in 1978. Each international convention in turn attempted to broaden its application in order to avoid lacunae, to encompass all contracts of carriage as well as bills of lading, and to permit incorporation by reference. This chapter deals with the application of the three sets of rules. While the Hamburg Rules are in force in about twenty-six countries, the Hague Rules or the Hague/Visby Rules are presently in force in most of the world's shipping nations. Some nations such as France have two international regimes. They apply the Hague Rules to shipments from a Hague Rules nation and the Hague/Visby Rules to all outbound shipments. Belgium applies the Hague/Visby Rules inbound and outbound5 and International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, signed at Brussels, August 25, 1924 and in force as of June 2, 1931, better known as the “Hague Rules”. Although the Convention was adopted in Brussels in 1924, it was based on an earlier draft adopted by the International Law Association at The Hague in 1921 (the “Hague Rules of 1921”), as amended at a diplomatic conference held in Brussels in 1922 (a text known as the “Hague Rules of 1922”), and at meetings of a sous-commission of that conference in Brussels in 1923. For this reason, while the final 1924 Convention is generally referred to in French as the “Convention de Bruxelles”, it is generally called the “Hague Rules” or the “Hague Rules 1924” in English. On the history of the adoption of the Hague Rules 1924, see Michael F. Sturley, “The History of COGSA and the Hague Rules” (1991) 22 JMLC 1-57. 2 The term “Hague/Visby Rules 1968” refers to the Hague Rules 1924, as amended by the “Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading”, adopted at Brussels, February 23, 1968”, which Protocol entered into force June 23, 1977, and is often referred to as the “Visby Rules”. The Visby Rules were the result of the Comité Maritime International (C.M.I.) Conference of 1963 in Stockholm, Sweden, which formally adopted the Rules in the ancient town of Visby, on the Swedish island of Gotland, following the Conference. Nearly five years passed, however, before the Visby Rules were formally adopted as...
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