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Within five years after entry into force of the Hamburg Rules, ratifying states must denounce earlier conventions, specifically the Hague and Hague-Visby Rules. A long-standing aim has been to have a uniform set of rules to govern carriage of goods, but there are now five different sets: Hague, Hague-Visby, Hague-Visby/SDR, Hamburg and Rotterdam.
The Convention on Limitation of Liability for Maritime Claims is an IMO treaty that was concluded in London in November 1976. It entered into force in 1986, and superseded the 1957 Brussels Convention of the same name. As of October 2016, 54 states are party to the convention. [1]
1884, the Shipping Act of 1884, which limited an individual owner's liability to the owner's share of debts and liabilities, later codified as 46 U.S.C. Appendix Ch.8 §§189 [6] 1886, which modified Rev. Stat. §4289 to clarify which vessels are covered [7] 1893, the Harter Act, which was later codified as 46 U.S.C. Appendix Ch.8 §§190–196 [8]
The Rotterdam Rules will enter into effect a year after 20 countries have ratified that treaty. [11] As of 9 August 2011, there were 24 signatories to the treaty. [11] The most recent country to sign the treaty was Sweden, which signed on 20 July 2011. [11] Spain was the first country to ratify the convention in January 2011. [12]
The enormous list of exemptions to liability in Article IV made the Rules seem biased in favour of the carrier. As a result, The United Nations produced its own Hamburg Rules which were both more modern and fairer to cargo-owners; but while these have been enthusiastically adopted by developing nations, the wealthier ship-owning nations have ...
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 (which require contracting states to denounce the Hague–Visby Rules) and Rotterdam Rules (which are not ...
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Under the Hague Rules the shipper bears the cost of lost/damaged goods if they cannot prove that the vessel was unseaworthy, improperly manned or unable to safely transport and preserve the cargo, i.e. the carrier can avoid liability for risks resulting from human errors provided they exercise due diligence and their vessel is properly manned ...