Hamburg Rules

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Hamburg Rules
United Nations Convention on the Carriage of Goods by Sea
Signed31 March 1978
Location Hamburg and New York
Effective1 November 1992
ConditionRatification by 20 states
Signatories28
Ratifiers35
Depositary UN Secretary-General
LanguagesArabic, Chinese, English, French, Russian and Spanish

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]

Contents

History

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.

Relation with other conventions

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]

Ratifications

As of March 2021, the convention had been ratified by 35 countries:

CountryComments
Flag of Albania.svg  Albania
Flag of Austria.svg  Austria
Flag of Barbados.svg  Barbados
Flag of Botswana.svg  Botswana
Flag of Burkina Faso.svg  Burkina Faso
Flag of Burundi.svg  Burundi
Flag of Cameroon.svg  Cameroon
Flag of Chile.svg  Chile
Flag of the Czech Republic.svg  Czech Republic
Flag of the Dominican Republic.svg  Dominican Republic
Flag of Egypt.svg  Egypt
Flag of The Gambia.svg  Gambia
Flag of Georgia.svg  Georgia
Flag of Guinea.svg  Guinea
Flag of Hungary.svg  Hungary
Flag of Jordan.svg  Jordan
Flag of Kazakhstan.svg  Kazakhstan
Flag of Kenya.svg  Kenya
Flag of Lebanon.svg  Lebanon
Flag of Lesotho.svg  Lesotho
Flag of Liberia.svg  Liberia
Flag of Malawi.svg  Malawi
Flag of Morocco.svg  Morocco
Flag of Nigeria.svg  Nigeria
Flag of Paraguay.svg  Paraguay
Flag of Peru.svg  Peru
Flag of Romania.svg  Romania
Flag of Saint Vincent and the Grenadines.svg  Saint Vincent and the Grenadines
Flag of Senegal.svg  Senegal
Flag of Sierra Leone.svg  Sierra Leone
Flag of Syria.svg  Syria
Flag of Tunisia.svg  Tunisia
Flag of Uganda.svg  Uganda
Flag of Tanzania.svg  Tanzania
Flag of Zambia.svg  Zambia

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References

  1. "United Nations Convention on the Carriage of Goods by Sea (The Hamburg Rules) Hamburg, 30 March 1978". 30 March 1978.
  2. UNCITRAL Homepage
  3. Hague-Visby Rules: Article IV Rule 5c
  4. "The Hague-Visby Rules - the Hague Rules as Amended by the Brussels Protocol 1968". 1968. Archived from the original on 2007-07-08. Retrieved 2015-11-01.
  5. "Hamburg Rules". Archived from the original on 2009-07-20. Retrieved 2009-04-04.
  6. Maritime Law - 2014 - ed. Yvonne Batz
  7. Maritime Law Evolving - 2013 - ed. Malcolm Clarke