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Hamburg rules
1. THE HAMBURG RULES
GİRNE AMERİCAN UNİVERSİTY
LOGİSTİC TRANSPORTATİON
HASAN ŞAĞBAN
NADİR ÖZYÜKSELEN
THE HAMBURG RULES AN RECENT
DEVELOPMENTS
HASAN H ŞAĞBAN
TEACHER NADİR ÖZYÜKSELEN
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2. THE HAMBURG RULES
The Hague-Visby Rules are a set of international rules for the international
carriage of goods by sea. The official title is "International Convention for the
Unification of Certain Rules of Law relating to Bills of Lading" and was drafted in
Brussels in 1924. After being amended by the Brussels Amendments (officially
the "Protocol to Amend the International Convention for the Unification of
Certain Rules of Law Relating to Bills of Lading") in 1968, the Rules became
known as the Hague-Visby Rules. A final amendment was made in the SDR
Protocol in 1979.
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4. THE HAMBURG RULES
Basic goals
Optimize the trade, investment and
development opportunities of
developing countries
Assist developing countries in their
efforts to integrate into the world economy
on an equitable basis
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5. THE HAMBURG RULES
Basic characteristics
• 193 member States
• Secretary-General: Rubens Ricupero (Brazil),
since September 1995
• Staff: 400 employees
• Headquarters: Geneva, Switzerland
• Budget: ca. US$ 50 million from the UN budget,
US$ 25 million from extra-budgetary sources
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6. THE HAMBURG RULES
INTERGOVERNMENTAL PROCESS
Consensus-building
ECOSOC
Trade and Development Board
Commission on Commission on Commission on Commission on
Trade in Investment, Enterprise, Science and
Goods, Services Technology and Business Technology for
and Commodities Related Financial Facilitation and Development
Issues Development
Expert Meetings
Annual session of the commissions: political issues
Expert meetings: technical issues 6
7. THE HAMBURG RULES
GLOBALIZATION AND
DEVELOPMENT STRATEGIES
Macro-economic analysis and
policy proposals
Studies and projections about the world
economy and the financial system
Preparation of the Trade and Development
Report (TDR)
Analysis of external debt problems
Development programs for Africa
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8. THE HAMBURG RULES
SERVICES INFRASTRUCTURE FOR
DEVELOPMENT AND TRADE EFFICIENCY
Trade facilitation
Multimodal transportation (ACIS)
E-commerce
TrainForTrade
Global Trade Point Network
Customs modernisation (ASYCUDA)
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9. THE HAMBURG RULES
SCOPE OF APPLICATION;
The hamburg rules com into operation where
The contract for carriage is for carriage by
sea,an
An element of internationality is present in
that contract of affreighment is between two
different states.
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10. THE HAMBURG RULES
Implementing legislation
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.
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 1992
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) the carriage 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 of
carriage, and any attempt to exclude the Rules is void under
Article III (8).
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11. THE HAMBURG RULES
The Carrier's Duties
Under 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 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 "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 cargo claim. 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 or default of the master ... in the navigation or in the management of
the ship". This provision is considered unfair to the shipper; and both the later
Hamburg Rules and Rotterdam Rules refuse exemption for negligent navigation
and management
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12. THE HAMBURG RULES
THE SHİPPER DUTİES
By contrast, the shipper has fewer
obligations (mostly implicit), namely: (i) to
pay freight; (ii) to pack the goods
sufficiently for the journey; (iii) to describe
the goods honestly and accurately; (iv) not
to ship dangerous cargoes (unless agreed
by both parties); and (v) to have the goods
ready for shipment as agreed; (q.v."notice
of readiness to load").
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16. THE HAMBURG RULES
SCOPE OF APPLİCATİON
Required by statutoty rules and regulation
They are carried in containers or vehicles
and thr decks are adequately fitted for
carrying these containers and vehicles
The shipper and carrier have agreed in their
contract of carriage or
There is usage or practice to do so a
particulara trade
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