(The Hague Rules), as amended by the Protocol of 23 February ( Visby Rules). (Brussels, 21 December ). THE CONTRACTING PARTIES TO . (1) The Hague-Visby Rules have the force of law in Canada in respect of force of law to the additional Protocol concluded at Brussels on December 21, Hague-Visby Rules (bills of lading). Having recognized the utility of fixing by agreement certain uniform rules of law relating to bills d.d. 3.
The Hague—Visby Rules is a set of international rules for the international carriage of goods by sea. They are a slightly updated version of the original Hague Rules which were drafted in Brussels in However, the Hague and Hague—Visby Rules were hardly a charter of new protections for cargo-owners; the English common law prior to provided more protection for cargo-owners, and imposed more liabilities upon “common carriers”.
A final amendment was made in the SDR Protocol in The Hague—Visby Rules were incorporated into English law by the Carriage of Goods by Sea Act ; and English lawyers should note the provisions of the statute as well as the text of the rules.
SDR Protocol (Brussels )
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 section 4 upgrades a bill of lading to be “conclusive evidence of receipt”. Gisby 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 hahue contract of carriage provides that the Rules If the Rules apply, the entire text ruless Rules is incorporated into the contract of carriage, and any attempt to exclude the Rules is void under Article III 8.
Under the Rules, the carrier’s main vjsby are to “properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried” and to “exercise due diligence to 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 carrier’s duties are not ivsby, 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 cargo claim.
These exemptions include destruction or damage to the cargo caused by: A controversial provision exempts the carrier from liability for “neglect or default of the master This provision is considered unfair to the shipper; and both the later Hamburg Rules which require contracting states to denounce the Hague—Visby Rules and Rotterdam Rules which are not yet vosby force refuse exemption for negligent 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 the voyage although this new duty will be to a reasonable standard that is subject to the circumstances of being at sea.
By contrast, the shipper has fewer obligations mostly implicitnamely: None of rulex shippers’ obligations are enforceable under the Rules; instead they would give rise to a normal action in contract.
With only 10 Articles, the Rules have the virtue of brevity, but they have several faults. When, after 44 years of experience, the Rules were updated with a single minor amendment, they still covered 11979 carriage wholly by sea thereby ignoring multi-modal transportand they barely acknowledged the container revolution of the s.
The modern Rotterdam Ruleswith some 96 articles, have far more scope and cover multi-modal transport but remain far from general implementation. From Wikipedia, the free encyclopedia. JohnsonL.
Marine Liability Act
Bill of lading Charter-party. Bareboat Demise Time Voyage. Admiralty court Vice admiralty court.
Democratic Republic of the Congo. Saint Christopher and Nevis. Saint Vincent and the Grenadines.
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