Rotterdam Rules

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Rotterdam Rules
United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea
RotterdamRulesParties.svg
Signatories (red) and Ratifications (green)
Drafted11 December 2008
Signed23 September 2009
LocationRotterdam and New York
Effective(not yet in force)
ConditionRatification by 20 states
Signatories25
Ratifiers5 (Republic of the Congo, Spain, Togo, Cameroon and Benin)
Depositary UN Secretary-General
LanguagesArabic, Chinese, English, French, Russian and Spanish

The "Rotterdam Rules" (formally, the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea) 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.

Contents

The aim of the convention is to extend and modernize existing international rules and achieve uniformity of International trade law in the field of maritime carriage, updating or replacing many provisions in the Hague Rules, Hague-Visby Rules and Hamburg Rules. [1] [2] The convention establishes a comprehensive, uniform legal regime governing the rights and obligations of shippers, carriers and consignees under a contract for door-to-door shipments that involve international sea transport. [1]

Although the final text was greeted with much enthusiasm, a decade later, little has happened. As of December 2019, the rules are not yet in force as they have been ratified by only five states, four of which are minor West African states which possess relatively little global influence. The Rotterdam Rules are extensive, with nearly ten times as many Articles as existing "tackle-to-tackle only" Rules. Although some have argued that the new Rules have flaws, [3] the Hague-Visby Rules which dominate the sector are insufficient for modern multimodal transport. One possible way forward might be the interim adoption of a "Rotterdam-Lite Convention".

History

The Hague Rules of 1924 were updated in 1968 to become the Hague-Visby Rules, but the changes were modest. The modified convention still covered only "tackle to tackle" carriage contracts, with no provision for multimodal transport. The industry-changing phenomenon of containerization was barely acknowledged. [4] [5] 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, the new convention was shunned by richer countries who stuck with Hague and Hague-Visby. [6] It had been expected that a Hague/Hamburg compromise might arise, but instead the vast (96 articles) Rotterdam Rules appeared.

The final draft of the Rotterdam Rules, which was assembled by the United Nations Commission on International Trade Law, was adopted by the United Nations on 11 December 2008, and a signing ceremony was held in Rotterdam on 23 September 2009. [2] [7] Signatories included the United States, France, Greece, Denmark, Switzerland and the Netherlands; in all, signatures were obtained from countries said to make up 25 percent of world trade by volume. [8] Signatures were allowed after the ceremony at the U.N. Headquarters in New York City, United States. [7]

The World Shipping Council is a prominent supporter of the Rotterdam Rules. In 2010, the American Bar Association House of Delegates approved a resolution supporting U.S. ratification of the Rotterdam Rules. [9] [10]

Main provisions

The following are critical provisions and law changes found in the Rotterdam Rules:

Entry into force and ratifications

The Rotterdam Rules will enter into effect a year after 20 countries have ratified that treaty. [11] As of 9 August 2011, there were 24 signatories to the treaty. [11] The most recent country to sign the treaty was Sweden, which signed on 20 July 2011. [11] Spain was the first country to ratify the convention in January 2011. [12] An overview of signatures and ratifications is shown below:

Upon entry into force of the convention for a country, it should denounce the conventions governing the Hague-Visby Rules as well as the Hamburg Rules as the convention does not come into effect without such denouncements.

CountrySignatureRatification/Accession
Flag of Armenia.svg Armenia29 September 2009
Flag of Benin.svg Benin7 November 2019
Flag of Cameroon.svg Cameroon29 September 200911 October 2017
Flag of the Republic of the Congo.svg Congo23 September 200928 January 2014
Flag of the Democratic Republic of the Congo.svg Democratic Republic of the Congo23 September 2010
Flag of Denmark.svg Denmark23 September 2009
Flag of France.svg France23 September 2009
Flag of Gabon.svg Gabon23 September 2009
Flag of Ghana.svg Ghana23 September 2009
Flag of Greece.svg Greece23 September 2009
Flag of Guinea.svg Guinea23 September 2009
Flag of Guinea-Bissau.svg Guinea-Bissau24 September 2013
Flag of Luxembourg.svg Luxembourg31 August 2010
Flag of Madagascar.svg Madagascar25 September 2009
Flag of Mali.svg Mali26 October 2009
Flag of the Netherlands.svg Netherlands23 September 2009
Flag of Niger.svg Niger22 October 2009
Flag of Nigeria.svg Nigeria23 September 2009
Flag of Norway.svg Norway23 September 2009
Flag of Poland.svg Poland23 September 2009
Flag of Senegal.svg Senegal23 September 2009
Flag of Spain.svg Spain23 September 200919 January 2011
Flag of Sweden.svg Sweden20 July 2011
Flag of Switzerland (Pantone).svg  Switzerland23 September 2009
Flag of Togo.svg Togo23 September 200917 July 2012
Flag of the United States.svg United States23 September 2009

See also

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References

  1. 1 2 "2008 – United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea – the 'Rotterdam Rules'". U.N. Commission on International Trade Law. UNCITRAL.org. Retrieved 16 November 2009.
  2. 1 2 Susan Husselman. "Rotterdam Rules Signature Ceremony". Rotterdam Rules 2009 Secretariat. Rotterdam Rules 2009. Retrieved 16 November 2009.
  3. There are issues needing clarifications such as the description of the maritime performing party and the volume contract.
  4. Hague-Visby Rules: Article IV Rule 5c
  5. "Hague-Visby Rules". Archived from the original on 8 July 2007. Retrieved 1 November 2015.
  6. The Jackson Parton Miscellany
  7. 1 2 United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (PDF), 9 (9 ed.), U.N. Commission for International Trade Law, 2008, archived from the original (PDF) on 24 January 2011, retrieved 16 November 2009
  8. 1 2 3 4 5 6 7 8 Adeline Teoh (16 November 2009). "UN shipping convention ready for Australia". Dynamic Export.
  9. Maritime Bar Association Endorses Rotterdam Rules
  10. Law Professors Address International Law
  11. 1 2 3 U.N. Transport Treaty
  12. U.N. Press Release 2011