Hague-Visby Rules
CHAPTER 1 APPLICATION OF THE RULES GENERALLY INDEX
I.
II. Introduction The Hague Rules 1) 2) III. The general principle of application Paramount clauses and the Hague Rules
The Visby Rules 1) 2) 3) 4) 5) A brief history of the Visby Rules Hague/Visby Rules - a single document Visby Rules - force of law Paramount clause - Visby Rules Extent of application - Visby Rules
IV.
The Hague and Hague/Visby Rules 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) Contracts of common and private carriage Sea transportation of goods Bill of lading - the best evidence of the contract Contracts to which the Rules apply Waybills Summary of application of the Rules to contracts of carriage No bill of lading issued Cargo never received Charterparties Waybills Tackle to tackle The Rules may apply by agreement What is the agreement? Examples of application before loading and after discharge During transhipment - through bill of lading Contracts other than contracts of carriage a) Contract of towage b) Carriage ancillary to another contract c) Bills of lading in a set d) Volume or tonnage contracts – « contrat de tonnage »
2
V.
Application of National Statutes 1) 2) 3) 4) 5) Introduction The United States The United Kingdom France Canada
VI. VII.
Incorporation by Reference COGSA, the Harter Act and State Law - U.S. 1) 2) 3) 4) 5) Introduction COGSA - incorporation by reference The Harter Act Conflict between COGSA and the Harter Act State law and COGSA
VIII. The Hamburg Rules - application
3
CHAPTER 1 APPLICATION OF THE RULES GENERALLY
I.
3
Introduction
The Hague Rules1 were adopted in 1924, the Hague/Visby Rules in 19682 and 1979 and the Hamburg Rules4 in 1978. Each international convention in turn attempted to broaden its application in order to avoid lacunae, to encompass all contracts of carriage as well as bills of lading, and to permit incorporation by reference. This chapter deals with the application of the three sets of rules.
I.
II. Introduction The Hague Rules 1) 2) III. The general principle of application Paramount clauses and the Hague Rules
The Visby Rules 1) 2) 3) 4) 5) A brief history of the Visby Rules Hague/Visby Rules - a single document Visby Rules - force of law Paramount clause - Visby Rules Extent of application - Visby Rules
IV.
The Hague and Hague/Visby Rules 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) Contracts of common and private carriage Sea transportation of goods Bill of lading - the best evidence of the contract Contracts to which the Rules apply Waybills Summary of application of the Rules to contracts of carriage No bill of lading issued Cargo never received Charterparties Waybills Tackle to tackle The Rules may apply by agreement What is the agreement? Examples of application before loading and after discharge During transhipment - through bill of lading Contracts other than contracts of carriage a) Contract of towage b) Carriage ancillary to another contract c) Bills of lading in a set d) Volume or tonnage contracts – « contrat de tonnage »
2
V.
Application of National Statutes 1) 2) 3) 4) 5) Introduction The United States The United Kingdom France Canada
VI. VII.
Incorporation by Reference COGSA, the Harter Act and State Law - U.S. 1) 2) 3) 4) 5) Introduction COGSA - incorporation by reference The Harter Act Conflict between COGSA and the Harter Act State law and COGSA
VIII. The Hamburg Rules - application
3
CHAPTER 1 APPLICATION OF THE RULES GENERALLY
I.
3
Introduction
The Hague Rules1 were adopted in 1924, the Hague/Visby Rules in 19682 and 1979 and the Hamburg Rules4 in 1978. Each international convention in turn attempted to broaden its application in order to avoid lacunae, to encompass all contracts of carriage as well as bills of lading, and to permit incorporation by reference. This chapter deals with the application of the three sets of rules.