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Hamburg rules
- 1. THE HAMBURG RULES GİRNEAMERİCAN UNİVERSİTY LOGİSTİC TRANSPORTATİON HASAN ŞAĞBAN NADİR ÖZYÜKSELEN THE HAMBURG RULES AN RECENT DEVELOPMENTS HASAN H ŞAĞBAN TEACHER NADİR ÖZYÜKSELEN 1
- 2. THE HAMBURG RULES TheHague-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. 2
- 3. THE HAMBURG RULES MAİNTOPİCS 1. Implementing legislation 2 .The Carrier's Duties 3 .The Shipper's Duties 4 .Ratifications 3
- 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 4
- 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 5
- 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 GLOBALIZATIONAND 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 7
- 8. THE HAMBURG RULES SERVICESINFRASTRUCTURE FOR DEVELOPMENT AND TRADE EFFICIENCY Trade facilitation Multimodal transportation (ACIS) E-commerce TrainForTrade Global Trade Point Network Customs modernisation (ASYCUDA) 8
- 9. THE HAMBURG RULES SCOPEOF 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. 9
- 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). 10
- 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 11
- 12. THE HAMBURG RULES THESHİPPER 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"). 12
- 13. THE HAMBURG RULES CARRİEREXCEPTİON LİVE ANİMALS DEVİATİON FİRE ELECTRONİC DATA İNTERCHAGE CONTRACTİNG OUT(REDUCİNG LİABİLİTY) 13
- 14. THE HAMBURG RULES CARRİERRİGHT FREİGHT DEMMURAGE GENERAL AVERAGE 14
- 15. THE HAMBURG RULES SHİPPER’RESPONSİBİLİTY ACCURACY OF PARTİCULAR DANFEROUS GOOD 15
- 16. THE HAMBURG RULES SCOPEOF 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 16
- 17. THE HAMBURG RULES THANK YOU FOR LISTENING.!!!!!!!!!!! 17