[PDF] Hague-Visby Rules - Wikipedia the free encyclopedia

International Convention for the Unification of Certain Rules of Lawrelating to Bills of Lading (1924)/First Protocol (1968)/Second Protocol (1979)Drafted25 August 1924/23 February 1968/21 December 1979Effective2 June 1931/23 June 1977/24 February 1982Conditionafter consultations/10 ratifications, of which 5 representing over 1 millions gross tonnage(first protocol)/5 ratifications (second protocol)Ratifiers86/24/19DepositaryBelgian GovernmentLanguagesFrench and English (protocols)V · T · E (//en.wikipedia.org/w/index.php?title=Template:Infobox_treaty&action=edit)Hague Rules/Hague-Visby RulesHague-Visby RulesFrom Wikipedia, the free encyclopedia (Redirected from Hague Rules)The Hague-Visby Rulesare a set of internationalrules for the internationalcarriage of goods by sea.The official title is"InternationalConvention for theUnification of CertainRules of Law relating toBills of Lading" and wasdrafted in Brussels in1924. After beingamended by the BrusselsAmendments (officiallythe "Protocol to Amendthe InternationalConvention for theUnification of CertainRules of Law Relating toBills of Lading") in 1968,the Rules became known as the Hague-Visby Rules. A final amendment was made in the SDR Protocolin 1979.The premise of the Hague-Visby Rules (and of the earlier English Common Law) is that a carrier has fargreater bargaining power than the shipper; and that to protect the interests of the shipper/cargo-owner,the law should impose minimum obligations upon the carrier.Contents1 Implementing legislation2 The Carrier's Duties3 The Shipper's Duties4 Ratifications5 References6 External linksImplementing legislationHague-Visby Rules - Wikipedia, the free encyclopediahttp://en.wikipedia.org/wiki/Hague_Rules1 of 611/11/12 11:59 AM

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. Forinstance, although Article I(c) of the Rules exempts live animals and deck cargo, section 1(7) restoresthose items into the category of "goods". Also, although Article III(4) declares a bill of lading to be amere "prima facie evidence of the receipt by the carrier of the goods", the Carriage of Goods by Sea Act1992 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) thecarriage 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 ofcarriage, and any attempt to exclude the Rules is void under Article III (8).The Carrier's DutiesUnder 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 carriermust not deviate from the agreed route nor from the usual route; but Article IV(4) provides that "anydeviation in saving or attempting to save life or property at sea or any reasonable deviation shall not bedeemed to be an infringement or breach of these Rules".The carrier's duties are not "strict", but require only a reasonable standard of professionalism and care;and Article IV allows the carrier a wide range of situations exempting them from liability on a cargoclaim. These exemptions include destruction or damage to the cargo caused by: fire, perils of the sea,Act of God, & Act of war. A controversial provision exempts the carrier from liability for "neglect ordefault of the master ... in the navigation or in the management of the ship". This provision is consideredunfair to the shipper; and both the later Hamburg Rules and Rotterdam Rules refuse exemption fornegligent navigation and management.Also, whereas the Hague-Visby Rules require a ship to be seaworthy only "before and at the beginning"of the voyage, under the Rotterdam Rules the carrier will have to keep the ship seaworthy throughout thevoyage (although this new duty will be to a reasonable standard that is subject the circumstances ofbeing at sea).The Shipper's DutiesBy contrast, the shipper has fewer obligations (mostly implicit), namely: (i) to pay freight; (ii) to packthe goods sufficiently for the journey; (iii) to describe the goods honestly and accurately; (iv) not to shipdangerous cargoes (unless agreed by both parties); and (v) to have the goods ready for shipment asagreed; (q.v."notice of readiness to load").RatificationsA list of ratifications and denouncements of the 3 conventions is shown below:Hague-Visby Rules - Wikipedia, the free encyclopediahttp://en.wikipedia.org/wiki/Hague_Rules2 of 611/11/12 11:59 AM

Country192419681979Comments AlgeriaActive AngolaActive Antigua and BarbudaActive ArgentinaActive AustraliaDenouncedActive BahamasActive BarbadosActive BelgiumActiveActiveActive BelizeActive BoliviaActive CameroonActive Cape VerdeActive ChinaActiveActiveHong Kong and Macao (1924)only Democratic Republic of theCongoActive CroatiaActiveActiveActive Côte d'IvoireActive CubaActive CyprusActive DenmarkDenouncedActiveActive DominicaActive EgyptActiveDenounced EcuadorActiveActive FijiActive FinlandDenouncedActiveActive FranceActiveActiveActive GambiaActive GeorgiaActive Germany[1]Active German DemocraticRepublic [2]ActiveActiveHague-Visby Rules - Wikipedia, the free encyclopediahttp://en.wikipedia.org/wiki/Hague_Rules3 of 611/11/12 11:59 AM

Goa[3]Active GreeceActive GrenadaActive Guinea-BissauActive GuyanaActive HungaryActive IranActive IrelandActive IsraelActive ItalyDenouncedActiveActive JamaicaActive JapanDenouncedActive KenyaActive KiribatiActive KuwaitActive LatviaActiveActiveActive LebanonDenouncedDenounced LithuaniaActiveActiveActive LuxembourgActive MadagascarActive MalaysiaActive MauritiusActive MexicoActive MonacoActive MozambiqueActive NauruActive NetherlandsDenouncedActiveActiveEuropean Territory and Aruba(1968) New ZealandActive NigeriaActive NorwayDenouncedActiveActive Palestine[4]Active Papua New GuineaActiveHague-Visby Rules - Wikipedia, the free encyclopediahttp://en.wikipedia.org/wiki/Hague_Rules4 of 611/11/12 11:59 AM

ParaguayDenounced PeruActive PolandActiveActiveActive PortugalActive RomaniaDenounced RussiaActive Sarawak (North Borneo)[5]Active Saint Christopher and NevisActive Saint LuciaActive Saint Vincent and theGrenadinesDenounced São Tomé and PríncipeActive Sarawak[5]Active SenegalActive SeychellesActive Sierra LeoneActive SingaporeActiveActive SomaliaActive SloveniaActive Solomon IslandsActive SpainActive[6] Sri LankaActiveActive SwedenDenouncedActiveActive SwitzerlandActiveActiveActive SyriaActiveActive Tanganyika[7]Active Timor[8]Active TongaActiveActive Trinidad and TobagoActive TurkeyActive TuvaluActive United KingdomDenouncedActiveActiveHague-Visby Rules - Wikipedia, the free encyclopediahttp://en.wikipedia.org/wiki/Hague_Rules5 of 611/11/12 11:59 AM

United StatesActive YugoslaviaActiveReferences^ Upon ratification only comprised West Germany.1.^ Part of present day Germany.2.^ Part of the State Goa in present day India. In 1952, when the ratification for Goa was received it was underPortuguese control3.^ As Mandate Palestine under British control upon ratication. Area includes present day Israel4.^ a b Part of Malaysia. During ratification a British protectorate.5.^ Denounced with effect of the entry into force of the Hague Rules, see at the ratification page of thedepositary (http://diplomatie.belgium.be/fr/binaries/I-4a_tcm313-79747.pdf)6.^ Presently known as Tanzania. Upon ratification under British control7.^ Area of present day East Timor. In 1952, when the ratification for "Timor" (now: East Timor) was receivedit was under Portuguese control8.External linksFull text of the convention (http://www.admiraltylawguide.com/conven/haguerules1924.htmll1924) , 1968 (http://www.jus.uio.no/lm/sea.carriage.hague.visby.rules.1968/doc.html) and 1979 (http://www.admiraltylawguide.com/conven/sdrprotocol1979.html) protocols.Signatures and ratifications of the original convention (http://diplomatie.belgium.be/fr/binaries/I-4a_tcm313-79747.pdf) , as well as the 1968 (http://diplomatie.belgium.be/fr/binaries/I-4a_tcm313-79747.pdf) and 1979 (http://diplomatie.belgium.be/fr/binaries/I-4c_tcm313-79762.pdf) protocols (in French).Admiralty Law Guide (http://www.admiraltylawguide.com/interconv.html#CG) has a briefdiscussion with useful linksRetrieved from "http://en.wikipedia.org/w/index.php?title=Hague-Visby_Rules&oldid=507875702"Categories: Admiralty lawTreaties concluded in 1924Treaties concluded in 1968Treaties concluded in 1979Treaties entered into force in 1931Treaties entered into force in 1977Treaties entered into force in 1984This page was last modified on 17 August 2012 at 18:56.Text is available under the Creative Commons Attribution-ShareAlike License; additional termsmay apply. See Terms of Use for details.Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profitorganization.Hague-Visby Rules - Wikipedia, the free encyclopediahttp://en.wikipedia.org/wiki/Hague_Rules6 of 611/11/12 11:59 AM