Tutorial assigment on maritime legal framework

1. Business Faculty
International Trade and Finance School
Maritime Legal Framework
Students:
• Lizeth Jaen Eras
• Gabriela Larrea Castro
• Carolina Miranda
Cusme
• Rosa Ramírez Atiencia
• Erika Villalta Troya
Teacher: MSc Max Galarza
Class: 6th B

2. The Hague-Visby Rules
•
It is 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.
• There are 10 articles

3. Some of the members

4. The "Rotterdam Rules"
• It is a treaty comprising international rules that
revises the legal and political framework for
maritime carriage of goods.
• The
convention
establishes
a
modern, comprehensive, uniform legal regime
governing the rights and obligations of
shippers, carriers and consignees under a contract
for door-to-door shipments that involve
international sea transport
• The final draft of the Rotterdam Rules, which was
assembled by the United Nations Commission on
International Trade Law, was adopted by the United
Nations on 11 December 2008, and a signing
ceremony commenced in Rotterdam, The
Netherlands
(the
convention's
informal
namesake), on 23 September 2009.

5. Members
Armenia
Cameroon
Congo
Democratic Republic of
the Congo
Denmark
France
Gabon
Ghana
Greece
Guinea
Guinea-Bissau
Luxembourg
Madagascar
Mali
Netherlands
Niger
Nigeria
Norway
Poland
Senegal
Spain
Sweden
Switzerland
Togo
United States

6. The Hamburg Rules
• The Hamburg Rules are a set of rules
governing the international shipment of
goods, resulting from the United
Nations International Convention on the
Carriage of Goods by Sea adopted in
Hamburg on 31 March 1978.
• The Convention was an attempt to form
a uniform legal base for the
transportation of goods on oceangoing
ships.
• A driving force behind the convention
was the attempt of developing
countries' to level the playing field.
• It came into force on 1 November 1992.

7. Members
Albania
Austria
Barbados
Botswana
Burkina Faso
Burundi
Cameroon
Chile
Czech Republic
Dominican Republic
Egypt
Gambia
Georgia
Guinea
Hungary
Jordan
Kazakhstan
Kenya
Lebanon
Lesotho
Liberia
Malawi
Morocco
Nigeria
Paraguay
Romania
Saint Vincent and the Grenadines
Senegal
Sierra Leone
Romania
Syria
Tunisia
Uganda
Tanzania
Zambia

8. Definition of contract of carriage
HAGUE-VISBYRULES
Article 1
In these Rules the following words
are employed, with the meanings
set out below... (b) ‘Contract of
carriage’ applies only to contracts of
carriage covered by a bill of lading
or any similar document of title, in
so far as such document relates to
the carriage of goods by sea,
including any bill of lading or any
similar document as aforesaid
issued under or pursuant to a
charter party from the moment at
which such bill of lading or similar
document of title regulates the
relations between a carrier and a
holder of the same
HAMBURG RULES
ROTTERDAM RULES
Article 1.
Article 1.
Definitions In this Convention: ... 6. Definitions For the purposes of this
“Contract of carriage by sea” means
Convention:
any contract whereby the carrier
1. “Contract of carriage” means a
undertakes against payment of
contract in which a carrier, against
freight to carry goods by sea from
the payment of freight, undertakes
one port to another; however, a
to carry goods from one place to
contract which involves carriage by another. The contract shall provide
sea and also carriage by some other for carriage by sea and may provide
means is deemed to be a contract
for carriage by other modes of
of carriage by sea for the purposes
transport in addition to the sea
of this Convention only in so far as it
carriage.
relates to the carriage by sea.

9. Geographical scope of application
HAGUE-VISBY RULES
HAMBURG RULES
ROTTERDAM RULES
Article 10
Article 2. Scope of application
Article 5.
The provisions of these Rules
1. The provisions of this Convention are
General scope of application
shall apply to every bill of lading relating to the
applicable to all contracts of carriage by sea
1. Subject to article 6, this Convention applies to
carriage of goods between ports in two
between two different States, if:
contracts of carriage in which the place of receipt
different States if:
(a) The port of loading as provided for in the
and the place of delivery are in different States,
(a) the bill of lading is
contract of carriage by sea is located in a
and the port of loading of a sea carriage and the
issued in a contracting State, or
Contracting State, or
port of discharge of the same sea carriage are in
(b) the carriage is from a
(B) The port of discharge as provided for in the
different States, if, according to the contract of
port in a contracting State, or
contract of carriage by sea is located in a
carriage, any one of the following places is
(c) the contract contained in or evidenced by the
Contracting State, or
located in a Contracting State:
bill of lading provides that these Rules or
(c) One of the optional ports of discharge
(a) The place of receipt;
legislation of any State giving effect to them are
provided for in the contract of carriage by sea is
(b) The port of loading;
to govern the contract; whatever may be the
the actual port of discharge and such port is
(c) The place of delivery; or
nationality of the ship, the carrier, the shipper,
located in a Contracting State, or
(d) The port of discharge...
the consignee, or any other interested person.
(d) The bill of lading or other document
Each Contracting State shall
evidencing the contract of carriage by sea is
apply the provisions of this
issued in a Contracting State, or (e) The bill of
Convention to the Bills of Lading mentioned
lading or other document evidencing the contract
above.
of carriage by sea provides that the provisions of
This Article shall not prevent a Contracting State
this Convention or the legislation of any State
from applying the rules of this Convention to Bills giving effect to them are to govern the contract.
of Lading not included in the preceding
paragraphs.

10. Exclusions
HAGUE-VISBY RULES
Article 1
In these Rules the following words are employed,
with the meanings set out below: ...
(b) ‘Contract of carriage’ applies only to contracts
of carriage covered by a bill of lading or any
similar document of title, in so far as such
document relates to the carriage of goods by sea,
including any bill of lading or any similar
document as aforesaid issued under or pursuant
to a charter party from the moment at which such
bill of lading or similar document of title regulates
the relations between a carrier and a holder of
the same.
(c) ‘Goods’ includes goods, wares, merchandise,
and articles of every kind whatsoever except live
animals and cargo which by the contract of
carriage is stated as being carried on deck.
HAMBURG RULES
ROTTERDAM RULES
Article 2. Scope of application
Article 6. Specific exclusions
3. The provisions of this Convention are not
1. This Convention does not apply to the
applicable to charter-parties. However,
following contracts in liner transportation:
where a bill of lading is issued pursuant to a
(a) Charter parties; and
charter-party, the provisions of the
(b) Other contracts for the use of a ship or of
Convention apply to such a bill of lading if it
any space thereon.
governs the relation between the carrier and
2. This Convention does not apply to
the holder of the bill of lading, not being the
contracts of carriage in non-liner
charterer.
transportation except when:
(a) There is no charter party or other
contract between the parties for the use of a
ship or of any space thereon; and
(b) A transport document or an electronic
transport record is issued.

11. Application period and
responsibility of the carrier
HAGUE-VISBY RULES
HAMBURG RULES
ROTTERDAM RULES
Article 1
Article 4
Article 12
(e) “Carriage of goods”
Period of responsibility
Period of responsibility of
covers the period from
1. The responsibility of the
the carrier
the time when the goods
carrier for the goods
1. The period of
are loaded on to the time
under this Convention
responsibility of the
they are discharged from
covers the period during
carrier for the goods
the ship.
which the carrier is in
under this Convention
charge of the goods at the begins when the carrier or
port of loading, during the
a performing party
carriage and at the port of
receives the goods for
discharge.
carriage and ends when
the goods are delivered.

12. Obligations of the carrier
HAGUE-VISBY RULES
Article 2
Subject to the provisions of Article VI, under
every contract of carriage of goods by sea the
carrier, in relation to the loading, handling,
stowage, carriage, custody, care and discharge
of such goods, shall be subject to the
responsibilities and liabilities and entitled to
the rights and immunities hereinafter set forth.
Article 3
1. The carrier shall be bound before and at the
beginning of the voyage to exercise due
diligence to:
(a) Make the ship seaworthy;
(b) Properly man, equip and supply the ship;
(c) Make the holds, refrigerating and cool
chambers, and all other parts of the ship in
which goods are carried, fit and safe for their
reception, carriage and preservation.
2. Subject to the provisions of Article IV, the
carrier shall properly and carefully load,
handle, stow, carry, keep, care for, and
discharge the goods carried.
HAMBURG RULES
ROTTERDAM RULES
Article 11
Carriage and delivery of the goods The carrier shall, subject to this
Convention and in accordance with the terms of the contract of
carriage, carry the goods to the place of destination and deliver them
to the consignee.
Article 13
Specific obligations
1. The carrier shall during the period of its responsibility as defined in
article 12, and subject to article 26, properly and carefully receive,
load, handle, stow, carry, keep, care for, unload and deliver the goods.
2. Notwithstanding paragraph 1 of this article, and without prejudice
to the other provisions in chapter 4 and to chapters 5 to 7, the carrier
and the shipper may agree that the loading, handling, stowing or
unloading of the goods is to be performed by the shipper, the
documentary shipper or the consignee. Such an agreement shall be
referred to in the contract particulars.
Article 14
Specific obligations applicable to the voyage by sea
The carrier is bound before, at the beginning of, and during the voyage
by sea to exercise due diligence to:
(a) Make and keep the ship seaworthy;
(b) Properly crew, equip and supply the ship and keep the ship so
crewed, equipped and supplied throughout the voyage; and
(c) Make and keep the holds and all other parts of the ship in which
the goods are carried, and any containers supplied by the carrier in or
upon which the goods are carried, fit and safe for their reception,
carriage and preservation.

13. Liability of the carrier for third parties
HAGUE-VISBY RULES
Article 4
2. Neither the carrier nor the ship shall be
responsible for loss or damage arising or
resulting from:
(a) Act, neglect, or default of the master,
mariner, pilot, or the servants of the carrier in
the navigation or in the management of the
ship.
(b) Fire, unless caused by the actual fault or
privity of the carrier. ... ... ... ... ... ... ... ... ...
(q) Any other cause arising without the actual
fault or privity of the carrier, or without the
actual fault or neglect of the agents or servants
of the carrier, but the burden of proof shall be
on the person claiming the benefit of this
exception to show that neither the actual fault
or privity of the carrier nor the fault or neglect
of the agents or servants of the carrier
contributed to the loss or damage.
HAMBURG RULES
ROTTERDAM RULES
Article 5
Article 18
Basis of liability
Liability of the carrier for other persons
1. The carrier is liable for loss resulting from
The carrier is liable for thebreach of its
loss of or damage to the goods, as well as from
obligations under this Convention caused by
delay in delivery, if the occurrence which
the acts or omissions of:
caused the loss, damage or delay took place
(a) Any performing party;
while the goods were in his charge as defined in
(b) The master or crew of the ship;
article 4, unless the carrier proves that he, his
(c) Employees of the carrier or a performing
servants or agents took all measures that could
party; or
reasonably be required to avoid the occurrence
(d) Any other person that performs or
and its consequences.
undertakes to perform any of the carrier’s
Article 10
obligations under the contract of carriage, to
Liability of the carrier and actual carrier
the extent that the person acts, either directly
1. Where the performance of the carriage or
or indirectly, at the carrier’s request or under
part thereof has been entrusted to an actual
the carrier’s supervision or control
carrier, whether or not in pursuance of a liberty
under the contract of carriage by sea to do so,
the carrier nevertheless remains responsible for
the entire carriage according to the provisions
of this Convention.
The carrier is responsible, in relation to the
carriage performed by the actual carrier, for the
acts and omissions of the actual carrier and of
his servants and agents acting within the scope
of their employment.

14. Netgraphy
Extraction of the Hague-Visby Rules, Rotterdam Rules and Hamburg Rules.
http://www.uncitral.org/pdf/english/workinggroups/wg_3/Berlingieri_paper
comparing_RR_Hamb_HVR.pdf
Hamburg Rules
http://en.wikipedia.org/wiki/Hamburg_Rules
Rotterdam Rules
http://en.wikipedia.org/wiki/Rotterdam_Rules
Hague-Visby Rules
http://en.wikipedia.org/wiki/Hague-Visby_Rules