United Nations Convention on the Carriage of Goods by Sea | |
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Signed | 31 March 1978 |
Location | Hamburg and New York |
Effective | 1 November 1992 |
Condition | Ratification by 20 states |
Signatories | 28 |
Ratifiers | 35 |
Depositary | UN Secretary-General |
Languages | Arabic, Chinese, English, French, Russian and Spanish |
Admiralty law |
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History |
Features |
Contract of carriage/Charterparty |
Parties |
Judiciary |
International conventions |
International organisations |
The Hamburg Rules are a set of rules governing the international shipment of goods, resulting from the United Nations International Convention on the Carriage of Goods by Sea adopted in Hamburg on 31 March 1978. [1] The Convention was an attempt to form a uniform legal base for the transportation of goods on oceangoing ships. A driving force behind the convention was the attempt by developing countries' to provide all participants a fair and equal chance of succeeding. It came into force on 1 November 1992. [2]
The first of the international conventions on the carriage of goods by sea was the Hague Rules of 1924. In 1968, the Hague Rules were updated to become the Hague-Visby Rules, but the changes were modest. The convention still covered only "tackle to tackle" carriage contracts, with no provision for multimodal transport. The industry-changing phenomenon of containerization was barely acknowledged. [3] [4] The 1978 Hamburg Rules were introduced to provide a framework that was both more modern, and less biased in favour of ship-operators. Although the Hamburg Rules were readily adopted by developing countries, they were shunned by richer countries who stuck with Hague and Hague-Visby. It had been expected that a Hague/Hamburg compromise might arise, but instead the more extensive Rotterdam Rules appeared.
Article 31 of the Hamburg Convention [5] covers its entry into force, coupled to denunciation of other Rules. Within five years after entry into force of the Hamburg Rules, ratifying states must denounce earlier conventions, specifically the Hague and Hague-Visby Rules.
A long-standing aim has been to have a uniform set of rules to govern carriage of goods, but there are now five different sets: Hague, Hague-Visby, Hague-Visby/SDR, Hamburg and Rotterdam. (The Rotterdam Rules are not yet in force). [6] [7]
As of March 2021, the convention had been ratified by 35 countries:
The International Maritime Organization is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference held in Geneva in 1948 and the IMO came into existence ten years later, meeting for the first time in 17 March 1958. Headquartered in London, United Kingdom, IMO currently has 175 Member States and three Associate Members.
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. As of June 2016, 167 countries and the European Union are parties.
The Convention for the Unification of certain rules relating to international carriage by air, commonly known as the Warsaw Convention, is an international convention which regulates liability for international carriage of persons, luggage, or goods performed by aircraft for reward.
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.
Law of the sea is a body of international law governing the rights and duties of states in maritime environments. It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction.
The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime treaty that sets minimum safety standards in the construction, equipment and operation of merchant ships. The International Maritime Organization convention requires signatory flag states to ensure that ships flagged by them comply with at least these standards.
The United Nations Commission on International Trade Law (UNCITRAL) is a subsidiary body of the U.N. General Assembly (UNGA) responsible for helping to facilitate international trade and investment.
Cabotage is the transport of goods or passengers between two places in the same country. It originally applied to shipping along coastal routes, port to port, but now applies to aviation, railways, and road transport as well.
Sources of law are the origins of laws, the binding rules that enable any state to govern its territory.
The Hague–Visby Rules is a set of international rules for the international carriage of goods by sea. They are a slightly updated version of the original Hague Rules which were drafted in Brussels in 1924.
The Hague Rules of 1924 is an international convention to impose minimum standards upon commercial carriers of goods by sea. Previously, only the common law provided protection to cargo-owners; but the Hague Rules should not be seen as a "consumers' charter" for shippers because the 1924 Convention actually favoured carriers and reduced their obligations to shippers.
The "Rotterdam Rules" is a treaty proposing new international rules to revise the legal framework for maritime affreightment and carriage of goods by sea. The Rules primarily address the legal relationship between carriers and cargo-owners.
The Maritime Labour Convention (MLC) is an International Labour Organization (ILO) convention, number 186, established in 2006 as the fourth pillar of international maritime law and embodies "all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions". The other pillars are the SOLAS, STCW and MARPOL. The treaties applies to all ships entering the harbours of parties to the treaty (port states), as well as to all ships flying the flag of state party (flag states, as of 2021: over 91 per cent).
The Carriage of Goods By Sea Act 1992 is a UK Statute regarding bills for the lading of goods onto ships. It repealed the Bills of Lading Act 1855 and made new provisions.
A bill of lading is a document issued by a carrier to acknowledge receipt of cargo for shipment. Although the term is historically related only to carriage by sea, a bill of lading may today be used for any type of carriage of goods. Bills of lading are one of three crucial documents used in international trade to ensure that exporters receive payment and importers receive the merchandise. The other two documents are a policy of insurance and an invoice. Whereas a bill of lading is negotiable, both a policy and an invoice are assignable. In international trade outside the United States, bills of lading are distinct from waybills in that the latter are not transferable and do not confer title. Nevertheless, the UK Carriage of Goods by Sea Act 1992 grants "all rights of suit under the contract of carriage" to the lawful holder of a bill of lading, or to the consignee under a sea waybill or a ship's delivery order.
Seaworthiness is a concept that runs through maritime law in at least four contractual relationships. In a marine insurance voyage policy, the assured warrants that the vessel is seaworthy. A carrier of goods by sea owes a duty to a shipper of cargo that the vessel is seaworthy at the start of the voyage. A shipowner warrants to a charterer that the vessel under charter is seaworthy; and similarly, a shipbuilder warrants that the vessel under construction will be seaworthy.
The Carriage of Goods by Sea Act 1971 is a United Kingdom Act of Parliament. It incorporates into English Law the Hague-Visby Rules which are to be found as the Schedule to the Act. The Act does not use the term "Hague-Visby Rules" as such; instead, the Rules are referred to in that Act as the "Hague Rules As Amended".
The law of carriage of goods by sea is a body of law that governs the rights and duties of shippers, carriers and consignees of marine cargo.
The International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER) is an International treaty listed and administered by the International Maritime Organization, signed in London on 23 March 2001 and in force generally on 21 November 2008. The purpose is to adopt uniform international rules and procedures for determining questions of liability and providing adequate compensation.
Grant v Norway (1851) is a case on the Law of Carriage of Goods by Sea; but since 1992 it has no longer been good law.