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The Hague-Visby Rules are a set of international rules for the international carriage of goods by sea. The official title is "International Convention for the

Unification of Certain Rules of Law relating to Bills of Lading" and was drafted in Brussels in 1924. After being amended by the Brussels Amendments (officially the

"Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading") in 1968, the Rules became known as the

Hague-Visby Rules. A final amendment was made in the SDR Protocol in 1979

The United Nations Conference on Trade and Development (UNCTAD) was established in 1964 as a permanent intergovernmental body. It is the principal organ of the United Nations General Assembly dealing with trade, investment, and development issues.The organization's goals are to "maximize the trade, investment and development opportunities of developing countries and assist them in their efforts to integrate into the world economy on an equitable basis." (from official website). The creation of the conference was based on concerns of developing countries over the international market, multi-national corporations, and great disparity between developed nations and developing nations.

Basic goals Optimize the trade, investment and

development opportunities of developing countries

Assist developing countries in their efforts to integrate into the world economy on an equitable basis

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Basic characteristics• 193 member States• Secretary-General: Rubens Ricupero (Brazil),since September 1995• Staff: 400 employees• Headquarters: Geneva, Switzerland• Budget: ca. US$ 50 million from the UN budget, US$ 25 million from extra-budgetary sources

Brief History of UNCTAD

• First phase: 1964 to late 1970sRise and climax of UNCTAD’s negotiating role

• Second phase: 1980sStrengthening the analytical capacity with greater focus on macroeconomic and financial issues (debt-crisis)

• Third phase: 1990s onwardsThe positive agenda and identification of the shortcomings of the mainstream development strategy

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Political dimension of the Conferences

Discussion about:

◦Development-oriented strategies

◦Advantages and shortcomings of economic strategies

◦Intergovernmental and international policies and priorities

◦Mandates and work of the UN and UNCTAD

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Globalization and Development Strategies

• Macro-economic analysis and policy proposals

• Studies and projections about the world economy and the financial system

• Preparation of the Trade and Development Report (TDR)

• Analysis of external debt problems

• Development programs for Africa8UNCTAD

Intergovernmental process

• Annual session of the commissions: political issues• Expert meetings: technical issues

Expert Meetings

Commission on Trade in Goods, Services and Commodities

Trade and Development Board

Commission on Investment, Technology and Related Financial Issues

Commission on Enterprise, Business Facilitation and Development

Commission on Science and Technology for Development

ECOSOC

Consensus-building

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UNCITRAL HAD THE FOLLOWİNG AİM

• Burden of proof• Jurisdiction• Responsibility for deck cargos,live animals and

transhipment• Extension of the period of limitation• Elimination of invalid clauses in bill of lading

• Implementing legislation• The Hague-Visby Rules were incorporated into English law by the

Carriage of Goods by Sea Act 1971; and English lawyers should note the provisions of the statute as well as the text of the rules. For instance, although Article I(c) of the Rules exempts live animals and deck cargo, section 1(7) restores those items into the category of "goods". Also, although Article III(4) declares a bill of lading to be a mere "prima facie evidence of the receipt by the carrier of the goods", the Carriage of Goods by Sea Act 1992 section 4 upgrades a bill of lading to be "conclusive evidence of receipt".

• Under Article X, the Rules apply if ("a) the bill of lading is issued in a contracting State, or (b) the carriage is from a port in a contracting State, or (c) the contract (of carriage) provides that(the) Rules ... are to govern the contract". If the Rules apply, the entire text of Rules is incorporated into the contract of carriage, and any attempt to exclude the Rules is void under Article

• The Carrier's Duties• Under the Rules, the carrier's main duties are to "properly

and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried" and to "exercise due diligence to ... make the ship seaworthy" and to "... properly man, equip and supply the ship". It is implicit (from the common law) that the carrier must not deviate from the agreed route nor from the usual route; but Article IV(4) provides that "any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of these Rules".

• The Shipper's Duties• By contrast, the shipper has fewer obligations

(mostly implicit), namely: (i) to pay freight; (ii) to pack the goods sufficiently for the journey; (iii) to describe the goods honestly and accurately; (iv) not to ship dangerous cargoes (unless agreed by both parties); and (v) to have the goods ready for shipment as agreed; (q.v."notice of readiness to load").

Carrier’s documentary responsibilities

• Shipper entitled to a nonnegotiable transport document or electronic record or a negotiable transport record orelectronic document.These document contain a number of particulars such as description of goods name/adress carrier apparent order and condition of goods.

Carrier’s period of responsibility

• From the time carrier is in charge at the port of loading until the port of discharge

Burden proff

• On the carrier ,except in case of loss,damage or delay in delivery due to fire,when the burden shifts to the claimant

THE HAMBURG RULES 17

Scope of application;

• The hamburg rules com into operation where• The contract for carriage is for carriage by

sea,an• An element of internationality is present in

that contract of affreighment is between two different states.

• Carriers duties and liabilities • Hague – Visby rules • Under the Hague – Visby rules the carrier must exercise due diligence to

(Article III). • (a) make the ship seaworthy • (b) properly man, equip and supply ship • (c) make the parts of the ship in which goods are carried fit and safe for the

receipt, carriage and preservations of the goods [Article (III) Rule (1)].

• The carrier shall properly load, handle, stow, carry, keep, care for and discharge the goods carried (Article (III) Rule 2).

• Hamburg Rules makes a distinction between the “carrier” and the “actual carrier”.

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CARRİER’S EXCEPTİON

• Live Animals • Under Article 5 (5) where live animals are carried, the carrier is not liable if he can show that he has complied with

the shipper’s a special instructions and the loss or damage was caused by special risks inherent in the kind of cargo carried.

• 12 The Muncaster Castle (1961) AC 807 • 9

• (ii) Deviation

• Under Article 5 (6) of the Hamburg Rules provides that the carrier is not liable, except in general average, where loss, damage or delay in delivery resulted from measures to save life or from reasonable measure to save property at sea. However, in the event of deviations, the carrier will still be liable for all loss, damage or delay in deliver that results after deviation.

• In contrast Article 4 Rule 4 of Hague – Visby Rules a carrier will not be liable for loss resulting from any deviation in saving or attempting to save life or property at sea or any reasonable deviation.

• (iii) Fire

• Under Article 5 (4) (i) (a) if a carrier is liable, if a claimant can prove that the fire arose from the fault or negligent on the part of the carrier, his servants or agents. The carrier must prove that he, his servants or agent took all measures that could reasonably be required to avoid the occurrence and its consequences.

Deck Cargo Article 9 of Hamburg Rules provides for deck cargo. The carrier is entitled to carry the goods on deck only if it is in accordance with an agreement/undertaking with the shipper or is in accordance with the usage, rules or regulations. Such an agreement between the carrier and shipper must be included in the bill of lading. Dangerous Cargo Article 4 Rule 6 defines the liability for the shipment of dangerous cargo. This reinforces the implied term at common law that the shipper will not ship dangerous goods without the consent of the carrier. Rule 6 provides that when such goods are shipped without the knowledge or consent of the carrier, not only he is entitled to neutralize them at the expense of the shipper, and without any obligation to compensate the cargo-owner, but the shipper is also liable for any loss or damage resulting from their shipment.

Hamburg Rules introduced Three new requirements for the shipment of dangerous goods. (a) There should be an indication in the cargo that it is dangerous. (b) The dangerous character of the goods has to be informed to the carrier. (c) Necessary precaution to be taken and the bill of lading must include an express statement that the goods are dangerous

Limitation of Carriers Liability Hague – Visby Rules – Liability limits for loss or damage: 666.67 SDRs per package (approx. $ 970.00) or 2 SDRs per kilogram (approx S 1.32 per pound), which ever is higher and in terms of the Hamburg Rules 835 SDRs per package or (approx $210.00) or 2.5 SDRs per kilogram (approx $1.65 per pound), whichever is higher.

• CONCLUSION • The Hamburg Rules has been strongly opposed by ship owning interests

as it is feared that they would tend to increase carrier’s liability and therefore affect the cost of insurance through the P & I clubs.

• They have been equally strongly supported by shipper interests who believe they set a fairer balance between the responsibilities of carrier and shipper.

• Freight forwarders’ interests have moved to a position of broad support, seeing the Hamburg Rules as offering the potential for greater uniformity between the liability regimes for the different transport modes, and also reducing the gaps in liability which can be a source of difficulty at present for the forwarder who acts as a principal. The Hamburg Rules came into force on 1 November 1992 and although there are already 25 parties to the Convention it has so far had no major impact on world trade.