THE HAMBURG RULES: DID IT INCREASE THE LIABILITY OF THE CARRIER? BY KWEKU GYAN AINUSON (Under The Direction of Professor Gabriel Wilner) ABSTRACT The Convention on the Carriage of Goods by Sea (Hamburg rules) was hoped to provide a uniform modern commercial code for the international carriage of goods by sea. However‚ after 26 years after the diplomatic conference and nearly 13 years after it came into force‚ the rules have not been ratified by the world’s major maritime powers. The main
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Period of coverage i) Hague Rules The Rules in fact cover the entire period of carriage even during trans-shipment. ii) Hague – Visby Rules The Hague – Visby Rules apply to the contract of carriage under Article (1) (c) from the time when the goods are loaded on to the time they are discharged from the ship (Tackle to Tackle). iii) Hamburg Rules The Hamburg rules covers the period during which the carrier is in charge of the goods at the port of loading during the carriage‚ and
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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
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Statues 1. The Hague Rules 2. The Hague-Visby Rules 3. The Hamburg Rules 4. The Rotterdam Rules Commentary on the Rotterdam Rules Ⅰ Introduction: Background of the Rotterdam Rules It is known for quite a long time that there are no international conventions regulating multimodal transport which has been widely used in practise with the globalization of national economies and development of commercial system. Since the Hague Rules‚ Hague-Visby Rules and the Hamburg
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RULES GOVERNING SHIPMENT BY SEA: HAGUE RULES‚ HAGUE-VISBY RULES AND HAMBURG RULES The nature of the Hague-Visby Rules was discussed by the House of Lords in The Hollandia [1983] AC 565 (HL). The plaintiffs (shippers) shipped a piece of road-finishing machinery on board a Dutch vessel‚ ‘The Morviken’‚ belonging to the defendant carriers to Bonaire in the Dutch West Indies. The bill of lading issued in England limited the carriers liability to Dutch Florins 1‚250 ($250) which was less than the 10
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The involved parties of this case included Navigazione Montanari Spa and Trafigura Beheer BV. Navigazione Montanari Spa is the ship owner of the “Valle de Cordoba” (the “Vessel”)‚ also is the defendant of this case. Trafigura Beheer BV is the charterer of the ship for transport a cargo of premium motor spirit and also the case’s claimant. The background facts of this case happen due to Navigazione Montanari Spa charter the ship to Trafigura Beheer BV for the carriage of a consignment of premium motor
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with fixed rules by the International Law Association but this idea did not catch on at the time. American cargo owners being constantly confronted by British carriers abusing their position by negating extreme clauses freeing themselves of any risk at all pushed politicians to make an end to this by introducing legislation. Starting in the USA by the Harters Act in 1890 but followed by other countries all around the world. Eventually the three frameworks one by one‚ Hague/Hague-Visby and the Hamburg
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Unification of Certain Rules of Law Relating to Bills of Lading (HAGUE RULES: HR)‚ Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of lading (VISBY RULES: VR) and United Nations Convention on Contracts of International Sales of Goods(CISG)‚ since they didn’t make any decision on the laws or rules that should be applied in case of disputes‚ according to the international rules and practices‚ the Hague-Visby Rules and CISG should be applied
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Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention 1954 The Hague‚ 14 May 1954 - First Protocol‚ The Hague‚ 14 May 1954 - Second Protocol‚ The Hague‚ 26 March 1999 | | The High Contracting Parties‚ Recognizing that cultural property has suffered grave damage during recent armed conflicts and that‚ by reason of the developments in the technique of warfare‚ it is in increasing danger of destruction;
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In Hilgendorf v. Hague the Supreme Court of Iowa determined that Hague had the power‚ but not the right‚ to terminate the agency relationship with Hilendorf (“Hilendorf‚” n.d.). An agency relationship can be terminated by an act of both parties‚ an unusual change of circumstances‚ impossibility of performance‚ and operation of law (Cheeseman‚ 2013‚ p. 393). In the case of Hilgendorf v. Hague‚ the contract was not terminated by an act of both parties‚ because Hilgendorf (agent) did not acquiesce
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