Hague Rule
THE HAMBURG RULES: DID IT INCREASE THE LIABILITY OF THE
CARRIER?
BY
KWEKU GYAN AINUSON
(Under The Direction of Professor Gabriel Wilner)
ABSTRACT
The Convention on the Carriage of Goods by Sea (Hamburg rules) was hoped to provide a uniform modern commercial code for the international carriage of goods by sea. However, after 26 years after the diplomatic conference and nearly 13 years after it came into force, the rules have not been ratified by the world’s major maritime powers.
The main contention of the maritime powers is that, the Hamburg rules have increased the liability of the carrier to unbearable levels. The majority of the world maritime powers have thus, continued to use the previous rules with some adopting a hybrid of the previous and the existing one.
My thesis is therefore to assess the extent to which the Hamburg rules have increased the liability of the carrier. The focus will be on making a comparison between the Hamburg rules and the previous Hague rules, specifically on the provisions of the definition of the carrier, carrier’s period of responsibility, carrier’s obligation and the carrier’s general liability.
INDEX WORDS:
Carrier Liability, Definition of carrier, Carriage of Goods by Sea,
Period of responsibility, Obligation of Carrier, Nautical fault,
Management of Vessel, Fire onboard, Salvage at Sea,
International law, Marine Transportation,
International Maritime Law, Hamburg rules, Hague rules, HagueVisby rules,
THE HAMBURG RULES: DID IT CHANGE THE LIABILITY OF THE
CARRIER?
By
KWEKU GYAN AINUSON
Bachelor of Laws, (LLB) University of Ghana, Legon, Ghana, 2001
Barrister of Law, Ghana School of Law, Accra, Ghana, 2002
A Thesis Submitted to the Graduate Faculty of the University of Georgia in Partial
Fulfillment of the Requirements for the Degree:
MASTER OF LAW
ATHENS, GEORGIA
2006
C 2006
KWEKU GYAN AINUSON
All Rights Reserved
THE HAMBURG RULES: DID IT CHANGE THE LIABILITY OF THE
CARRIER?
BY
KWEKU GYAN AINUSON
(Under The Direction of Professor Gabriel Wilner)
ABSTRACT
The Convention on the Carriage of Goods by Sea (Hamburg rules) was hoped to provide a uniform modern commercial code for the international carriage of goods by sea. However, after 26 years after the diplomatic conference and nearly 13 years after it came into force, the rules have not been ratified by the world’s major maritime powers.
The main contention of the maritime powers is that, the Hamburg rules have increased the liability of the carrier to unbearable levels. The majority of the world maritime powers have thus, continued to use the previous rules with some adopting a hybrid of the previous and the existing one.
My thesis is therefore to assess the extent to which the Hamburg rules have increased the liability of the carrier. The focus will be on making a comparison between the Hamburg rules and the previous Hague rules, specifically on the provisions of the definition of the carrier, carrier’s period of responsibility, carrier’s obligation and the carrier’s general liability.
INDEX WORDS:
Carrier Liability, Definition of carrier, Carriage of Goods by Sea,
Period of responsibility, Obligation of Carrier, Nautical fault,
Management of Vessel, Fire onboard, Salvage at Sea,
International law, Marine Transportation,
International Maritime Law, Hamburg rules, Hague rules, HagueVisby rules,
THE HAMBURG RULES: DID IT CHANGE THE LIABILITY OF THE
CARRIER?
By
KWEKU GYAN AINUSON
Bachelor of Laws, (LLB) University of Ghana, Legon, Ghana, 2001
Barrister of Law, Ghana School of Law, Accra, Ghana, 2002
A Thesis Submitted to the Graduate Faculty of the University of Georgia in Partial
Fulfillment of the Requirements for the Degree:
MASTER OF LAW
ATHENS, GEORGIA
2006
C 2006
KWEKU GYAN AINUSON
All Rights Reserved
THE HAMBURG RULES: DID IT CHANGE THE LIABILITY OF THE
Bibliography: William Tetley, The Proposed New United States Senate COGSA: The Disintegration of Uniform International Carriage of Goods by Sea Law, 30 JMARLC 595 (1999); Joseph Sweeney, The Prism of COGSA, 30 JMARLC 543 at 546 (1999); Paul Myburgh, Uniformity or Unilateralism in the Law of Carriage of Goods by Sea, 31 Vic and the Multimodal Transport Convention. UNCTAD, New York, (1991), E.91.II.D.8 4 See Protocol Amending the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1968,1412 U.N.T.S, 23643(hereinafter the Hague-Visby rules) (1993) 11 See The Carriage of Goods by Water Act, S.C (1993), Can. Y.B. INT’L L. (2001). 13 See The Maritime Transport Committee’s Annual Report (1999) available at See India Cen. Acts, Carriage of Goods by Sea Act, (1925) 15