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GİRNE AMERİCAN UNİVERSİTY LOGİSTİC TRANSPORTATİONHASAN ŞAĞBANNADİR ÖZYÜKSELEN

THE HAMBURG RULES AN RECENT DEVELOPMENTSHASAN H ŞAĞBAN TEACHER NADİR ÖZYÜKSELEN

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The Hague-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.

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MAİN TOPİCS

1. Implementing legislation2 .The Carrier's Duties3 .The Shipper's Duties4 .Ratifications

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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

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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

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INTERGOVERNMENTAL PROCESS

Annual session of the commissions: political issues Expert meetings: technical issues

Expert Meetings

Commission on Trade in Goods, Services and Commodities

Trade and Development Board

Commission on Investment, Technology and Related Financial Issues

Commission on Enterprise, Business Facilitation and Development

Commission on Science and Technology for Development

ECOSOC

Consensus-building

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GLOBALIZATION AND 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

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SERVICES INFRASTRUCTURE FOR DEVELOPMENT AND TRADE EFFICIENCY

Trade facilitation Multimodal transportation (ACIS) E-commerce TrainForTrade Global Trade Point Network Customs modernisation

(ASYCUDA)

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SCOPE OF APPLİCATİON;

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.

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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).

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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

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THE SHİPPER 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").

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CARRİER EXCEPTİON

LİVE ANİMALS DEVİATİON FİRE ELECTRONİC DATA İNTERCHAGE CONTRACTİNG OUT(REDUCİNG

LİABİLİTY)

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CARRİER RİGHT

FREİGHT DEMMURAGE GENERAL AVERAGE

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SHİPPER’ RESPONSİBİLİTY

ACCURACY OF PARTİCULAR DANFEROUS GOOD

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SCOPE OF 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

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