BILL OF LADING


THE HAMBURG RULES

On the 31st of March 1978, under pressure of the developing countries, the "UN Convention on the Carriage of Goods by Sea" , better known as the Hamburg Rules 1978 was signed.

The Hamburg Rules are far less advantageous for the Owners than the Hague Rules. Besides, they diminish the particularism of the maritime law.

The principle from which this new Convention departs regarding the responsibility of the carrier for the goods which are put into his care, is that the carrier is responsible from the moment he receives the goods at the port of loading; his liability lasts until he delivers them to the addressee at the port of discharge (Article 4, par. 1 and 2). If damage (loss, delay, etc) is caused to the goods during this period, the carrier is liable.

Exemption of liability is only possible if the carrier can prove that he, his servants or agents took all measures that could reasonably be required to avoid the occurrence and its consequences (Article 5, par. 1). This also involves "due diligence".

Under the Hamburg Rules, the fault is presumptive. The carrier is released of his liability if he can prove that no fault can be put to his charge.

There are some exceptions to this rule:

  1. the live animals;
  2. damage caused by fire (Article 5, par. 4). The claimant must prove that the fire was caused by a fault or neglect of the carrier, his servants or agents, in taking all measures that could be reasonably required to put out the fire and avoid or mitigate its consequences.
  3. measures to save lives or reasonable measures to save property at sea (Article 5, par. 6).

The other grounds for exemption of liability provided by the Hague Rules, have gone.

Following the Visby Rules, there is a limitation of liability of 835 units of account per package or other shipping unit or 2,5 units of account per kilogramme of gross weight of the goods lost or damaged, whichever is the higher ((Article 6, par. 1 a and Article 26).

Finally, the carrier may sometimes lose the right to limit his responsibility (Article 8).

The Hamburg Rules entered into force on the 1st of November 1992. See following site for list of ratifications: http://www.jus.uio.no/lm/un.conventions.membership.status/un.sea.carriage.hamburg.rules.1978

Mainly developing countries have so far ratified the Convention.

Quick Reminder

The Hamburg Rules tend to replace the Hague-Visby Rules but with little success as they are less advantageous to the owner or carrier.

The carrier is nearly always responsible

The fault is presumptive with very little exceptions.

Limitation of liability is 835 units of account or 2,5 units of account.

Useful WWW Sites

http://www.admiraltylaw.com/statutes/hamburg.html

http://www.jus.uio.no/lm/un.sea.carriage.hamburg.rules.1978/

http://www.british-marine.com/tech/bm103l.htm

http://www.oecd.org/document/13/0,2340,en_2649_34367_1866253_119666_1_1_1,00.html

http://www.oecd.org/document/13/0,2340,en_2649_34337_1866253_119666_1_1_1,00.html

http://www.admiraltylawguide.com/conven/hamburgrules1978.html

http://www.schifffahrtslexikon.de/lexikon/anhang/recht/hamburg_rules.htm

http://www.tillekeandgibbins.com/Publications/Newsletters/maritime/hamburg.htm

http://www.law.duke.edu/curriculum/courseHomepages/Spring2003/352_01/readings/COGSA.pdf

http://www.parl.gc.ca/37/1/parlbus/chambus/house/bills/government/S-2/S-2_4/90046b-2E.html

http://www.jus.uio.no/lm/un.conventions.membership.status/un.sea.carriage.hamburg.rules.1978

Sea particularly site http://www.law.duke.edu/curriculum/courseHomepages/Spring2003/352_01/readings/COGSA.pdf Which gives a comparison between the Hague-Vsby Rules and the Hamburg Rules.







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