Carriage of Goods by Sea HagueVisby Rules PDF Social Institutions Social Science

1 Introduction. Carriers enjoy two types of limitation under the Hague/Hague-Visby Rules. One is a short time limitation (i.e. one year from the date of delivery or the date the
Carriage of Goods by Sea HagueVisby Rules PDF Social Institutions Social Science

Hague Rules


The Hague/Visby Rules apply to carriage of goods between ports in two different States if: a)a bill of lading is issued in a contracting state - art. 10(a); or b)the carriage is from a port in a contracting state - art. 10(b); or c)the Rules are incorporated by reference into the contract of carriage - art. 10(c).

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2 Articles III (1) and IV (1) These Articles are the same in both the Hague and Hague-Visby Rules. Article III (1) reads as follows: 1. 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.

Hague Visby Rules


Brussels Convention" and the "Hague Rules" as a reference to the 1924 Convention on Bills of Lading, while the term "Hague/Visby Rules" will be used to allude to the amended version of the Hague Rules by the Visby Protocol. 02 Fourteen States signed the Hamburg Convention on 31 March 1978.

Comparison (Hague v HagueVisby v Hamburg Rules) LOG305 International Trade Law T01 January


The Hague-Visby Rules, 1974. Article I. In these Rules the following words are employed, with the meanings set out below: (a) 'Carrier' includes the owner or the charterer who enters into a contract of carriage with a shipper. (b) 'Contract of carriage' applies only to contracts of carriage covered by a bill of lading or any similar document of.

Hague Rules


The Hague-Visby Rules. 10.8 The Hague Rules were generally considered to have been a success, but after 40 years' practical experience of their use a broad consensus had emerged that some revision was desirable. 4 This was ultimately reflected in the Visby 5 Protocol signed in Brussels on 23 February 1968. 6.

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The Hague-Visby Rules. According to The Hague-Visby Rules, Article III, R1, seaworthiness defined accordingly, the carrier shall be bound before and at the start of the voyage to exercise due diligence to (a.) Make a ship seaworthy. (b.) Properly man, equip, 6and supply the ship. (c.) Make the holds, refrigerating chambers, and all other parts.

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The primary amendments the Hague Visby Protocol has made is related to the time bar. In the Hague Rule, after 1 years has lapsed after the cargo is "delivered", the carrier or the ship has no further responsibilities in respect of loss or damages to the cargo. In comparison, the Hague Visby Protocol added that if the 1 year time bar is.

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The Hague and Visby Rules have a significant impact on modern maritime trade by establishing a standard framework, protecting the interests of shippers and carriers, facilitating international trade, and providing legal clarity and predictability. These rules contribute to the smooth functioning and efficiency of global maritime transportation.

Hague Visby Hamburg Rules comparison HAGUE HAGUEVISBY HAMBURG The Hague Rules of 1924


under the Rules in order to protect themselves from the risks associated with high-value goods of undisclosed value. Art IV (5) of the Hague Rules limited the liability of the carrier to £100 gold value per package or unit. The Hague Visby Rules retained the concept of 'package or unit' for limitation of

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Article I. 2. In these Rules the following words are employed, with the meanings set out below: 3. `Carrier' includes the owner or the charterer who enters into a contract of carriage with a shipper. `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.

HAGUE VISBY RULES 1979 PDF


The wording of Article III rule 2 of the Hague and Hague-Visby Rules casts a positive duty on the carrier, subject to the provisions of Article IV, to 'properly and carefully load, handle, stow, carry, keep, care for and discharge the goods delivered'. There are several distinctive aspects of this provision.

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Hague Visby rules are the most used rules to this date. United nations felt that even the Hague Visby rules were in favor of the ship owners. As a result of which, United nations body UNCTAD developed Hamburg rules of 1978. In 2009, UNCTAD instead came out with more modern rules called Rotterdam rule. These rules, however, are not yet in force.

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The Hague-Visby Rules The Hague-Visby Rules The Hague Rules as Amended by the Brussels Protocol 1968 Article I In these Rules the following words are employed, with the mean-ings set out below: (a) 'Carrier' includes the owner or the charterer who enters into a contract of carriage with a shipper.

Infographic A Comparison Between Hague Rules and Hague Visby Rules MySeaTime


The Hague rules are slightly in favor of shippers. The Hague Visby rules are considered to have an advantage to the carrier compared to the Hague rules. The ship owning countries have ratified the Hague-Visby rules. Where as the shipper prominent countries like Malaysia has not ratified the Hague visby rules and are happy with Hague rules.

Carriage of Goods by Sea HagueVisby Rules PDF Social Institutions Social Science


The Hague/Hague-Visby Rules Footnote 1 may apply statutorily or contractually in any given case. Footnote 2 When the Rules apply statutorily, they may not be contractually ousted. But the provisions in the Rules may be ousted or modified, when the Rules are voluntarily incorporated. A clause incorporating the Rules, called 'clause paramount', is common in charterparties and sea waybills.

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The Hague Protocol was amended in the late 1960s and the maritime law post its amendment came to be known across global maritime channels as the 'Hague-Visby Rules.' The Hague-Visby Rules stipulate the extent of the governance of the waybill for a cargo ship being chartered alongside the liabilities that stand to be potentially imposed on.