HAGUE VISBY RULES 1979 PDF

Article II 1 Article 4, paragraph 5 a of the Convention is replaced by the following: " a Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding The amounts mentioned in sub-paragraph a of this paragraph shall be converted into national currency on the basis of the value of that currency on a date to be determined by the law of the Court seized of the case. The value of the national currency, in terms of the Special Drawing Right, of a State which is a member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions. The value of the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State.

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Implementing legislation[ edit ] The Hague—Visby Rules were incorporated into English law by the Carriage of Goods by Sea Act ; 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 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 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.

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". These exemptions include destruction or damage to the cargo caused by: fire , perils of the sea, Act of God , and act of war.

A controversial provision exempts the carrier from liability for "neglect or default of the master This provision is considered unfair to the shipper; and both the later Hamburg Rules which require contracting states to denounce the Hague—Visby Rules and Rotterdam Rules which are not yet in force refuse exemption for negligent navigation and management.

Also, whereas the Hague—Visby Rules require a ship to be seaworthy only "before and at the beginning" of the voyage, under the Rotterdam Rules the carrier will have to keep the ship seaworthy throughout the voyage although this new duty will be to a reasonable standard that is subject to the circumstances of being at sea.

Criticism[ edit ] With only 10 articles, the rules have the virtue of brevity, but they have several faults. When, after 44 years of experience, the rules were updated with a single minor amendment, they still covered only carriage wholly by sea thereby ignoring multi-modal transport , and they barely acknowledged the container revolution of the s.

The modern Rotterdam Rules , with some 96 articles, have far more scope and cover multi-modal transport but remain far from general implementation. A list of ratifications and denouncements of the three conventions is shown below: Country.

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Hague–Visby Rules

Article 2 Risks Subject to the provisions of Article VI, under every contract of carriage of goods by water 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 Responsibilities and Liabilities - 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. 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. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraphs 3 a , b and c.

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Implementing legislation[ edit ] The Hague—Visby Rules were incorporated into English law by the Carriage of Goods by Sea Act ; 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 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 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. 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".

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