Hamburg Rules
The first of the international conventions on the carriage of goods by sea was the Hague Rules of 1924 and this was favouring the Ship Owners /Operators. 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.
The 1978 Hamburg Rules were introduced to provide a framework that was both more modern, and less biased in favour of ship-operators. 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. 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 of developing countries’ to level the playing field. It came into force on 1 November 1992.
The Hamburg Rules were readily adopted by developing countries, but the developed countries who stuck with Hague and Hague-Visby and not ratified this Hamburg Convention. 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 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.
The Act established a set of standard rules which are deemed to be incorporated in all bills of lading. The Rules do not apply to contracts for the carriage of live animals or cargoes which are agreed to be carried and are carried on deck. Secondly, the Rules do not apply to charter-parties simpliciter, but apply to a bill of lading issued under a charter-party from the moment at which such a bill of lading regulates the relations between a carrier and a holder of the same.
In a nutshell, the aim of the Rules is to relieve a ship owner from his common law absolute liability. Henceforth, he is only liable for negligence and is granted certain immunities.
Hague Visby rule:(1968)
New name for the Hague rules as amended in 1968 at Visby (Sweden). Also called The Brussels Protocol of Amendments To The Hague Rules, these rules (ratified by most nations except the US) increase a surface transport carrier’s liability limit and include containerized cargo under their provisions. The following Modification done on Hague Rule, to form Hague Visby rule. The premise of the Hague-Visby Rules (and of the earlier English Common Law) is that a carrier has far greater 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.
Hamburg Rules(1978)
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. 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 of developing countries’ to level the playing field. It came into force on 1 November 1992.
The Hague rules and Hague ±Visby rules products of ship owing interests are influential and widely accepted, determine the responsibilities and liabilities of the carrier where goods are transported using the Bill of Lading or documents of title.
On the contrary, the Hamburg rules which casts its net wider as a result of a strong political agenda on the part of developing nation. When measure against the number of ratification, are of limited application.
Emerging new practices in relation to transport document in the form of electronic bill of lading and electronic waybills as the result of developments in information technology.
Hamburg Rules Rotterdam Rules & Inter-Club Agreement
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). Please click here for Hamburg Rules, Rotterdam Rules & Inter-Club Agreement to view the UN convention on carriage of goods at sea and click here to view the Hague- Visby RulesInitially carriage of goods by sea was governed by Hague Rules of 1924. Then Hague Visby Rules were adopted, but the changes were modest. The Hague Visby rules did not take into account multimodal transport and covered only “tackle to tackle” movements. The carriage mode by containers was hardly acknowledged. More modern framework was provided in the form of Hamburg Rules. In 1978 March the United Nations adopted a convention on the carriage of goods by sea which was less biased in favor of ship operators. Developing countries readily adopted Hamburg Rules but the richer countries showed hesitation and continued to follow Hague and Hague Visby Rules. The attempt to level the playing field by developing countries’ was main driving force behind Hamburg Rules and it came into force with 1 November 1992.
All kinds of cargo including live animals is covered by Hamburg rules
Deck cargo is provided for in Hamburg Rules under Article 9. If there is an agreement, the carrier may carry the articles on deck. Bill of lading must include the copy of the agreement between the shipper and the carrier. If there is no agreement between the shipper and carrier then the liability of the carrier is unlimited.
Dangerous Cargo Article 4 Rule 6 states that without the consent of the carrier, the shipper will not ship dangerous goods. In such a case the shipper becomes liable for any loss or damage resulting from the shipment of such dangerous goods.
Three new requirements were introduced in Hamburg Rules for the shipment of dangerous goods.(a) That the cargo is dangerous in nature has to be indicated.(b) The carrier must be kept informed about the dangerous character of the goods.(c) An express statement that the goods are dangerous in nature must be expressed in Bills of Lading
Period of Coverage The Hague – Visby Rules apply from Tackle to Tackle whereas in Hamburg rules the carrier is responsible from the time of receiving the goods till the goods are delivered (this includes the period of transshipment also)
Liability for loss, damage, or delay in delivery of goods rests with the carrier in Hamburg rules. Carrier is responsible only if the loss occurred when the goods were in his charge. The liability may be waived off if the carrier proves that he or his servant observed due diligence to avoid the loss.
The Hamburg Rules have been strongly opposed by ship owners and interests in the fear that carrier’s liability will increase and therefore will have a bearing in the cost of insurance through the P & I clubs.
Please Click here to see important points in Hamburg rules in pdf.
Please Click here to see comparison of some important points in all three rules in pdf