Bill of Lading
WORLD MARITIME UNIVERSITY
SPM235
MARITIME AND COMMERCIAL LAW
Random number:
445211
20 August 2012 Prof. Patrick Donner
Word count:
1940 (excluding cover page, table of contents and reference list)
I. Introduction The ideal of harmonization and uniformity has always proved to be particularly important factor of maritime law due to the character of maritime industry’s transaction has historically been perceived as somewhat international trade and international law. However, over the past decade, the trend forward adoption of divergent of the law relating to carriage of goods under bills of lading is highly problematic. Nowadays, there is the parallel existence of three sets of international conventions: - The Hague Rules (Bills of Lading Convention, Brussels, 25th August 1924), entered into force 2nd June 1931. - The Hague – Visby Rules 1968/79 was the amendment to the Hague Rules 1924 by the Visby Protocol of 1968 and by the Protocol regarding Special Drawing Right (S.D.R) in 1979. - The Hamburg Rules 1978 (United Nations Convention on the Carriage of Goods by Sea, Hamburg, 31 March 1978), entered into force 1st November 1992. - The Rotterdam Rules is considered as the Multimodal Transport Convention (United Nations Convention on International Multimodal Transport of Goods, Geneva, 24th May 1980), is not force due of there has not been enough 20 countries that ratify this convention. The purpose of this paper is to explore the reality of accelerated deharmonization and disunification of these international conventions by comparing the similarities and differences between various Rules. Moreover, it will be also analyzed some main disadvantages of lack of uniformity of the law relating to carriage of goods under a bill of lading. Then some recommendations for countries for a way forward will be taken into consideration as well.
II.
Comparison of Hague Rules, Hague-Visby Rules, Hamburg Rules and Rotterdam Rules 1. Geographical scope of
SPM235
MARITIME AND COMMERCIAL LAW
Random number:
445211
20 August 2012 Prof. Patrick Donner
Word count:
1940 (excluding cover page, table of contents and reference list)
I. Introduction The ideal of harmonization and uniformity has always proved to be particularly important factor of maritime law due to the character of maritime industry’s transaction has historically been perceived as somewhat international trade and international law. However, over the past decade, the trend forward adoption of divergent of the law relating to carriage of goods under bills of lading is highly problematic. Nowadays, there is the parallel existence of three sets of international conventions: - The Hague Rules (Bills of Lading Convention, Brussels, 25th August 1924), entered into force 2nd June 1931. - The Hague – Visby Rules 1968/79 was the amendment to the Hague Rules 1924 by the Visby Protocol of 1968 and by the Protocol regarding Special Drawing Right (S.D.R) in 1979. - The Hamburg Rules 1978 (United Nations Convention on the Carriage of Goods by Sea, Hamburg, 31 March 1978), entered into force 1st November 1992. - The Rotterdam Rules is considered as the Multimodal Transport Convention (United Nations Convention on International Multimodal Transport of Goods, Geneva, 24th May 1980), is not force due of there has not been enough 20 countries that ratify this convention. The purpose of this paper is to explore the reality of accelerated deharmonization and disunification of these international conventions by comparing the similarities and differences between various Rules. Moreover, it will be also analyzed some main disadvantages of lack of uniformity of the law relating to carriage of goods under a bill of lading. Then some recommendations for countries for a way forward will be taken into consideration as well.
II.
Comparison of Hague Rules, Hague-Visby Rules, Hamburg Rules and Rotterdam Rules 1. Geographical scope of
Bibliography: http://www.uncitral.org. (2012). Retrieved August 11, 2012, from United Nations Convention on the Carriage of Goods by Sea the "Hamburg Rules"httphttp://www.uncitral.org/uncitral/en/uncitral_texts/transport_goods/H amburg_status.html. 13th, 2012, Richarson, J. (1998). The Hague and Hague Visby Rules. Venugopal, A. V. (2001). The Carrie’s Duty Regarding the Vessel and Voyage under The Hague Rules, Hague Visby-Rules and the Hamburg Rules.