the hague visby rules
TRANSCRIPT
Members:Roxana Correa V.Ma. Lourdes León A.Michelle Siguenza M.Madelyn Soledispa C.Kelly Tandazo C.
LOGISTICS II
Lecturer: Max Galarza Hernandez.
The Hague-Visby
Rules
Course: ¨B¨GRADE:10
International Convention for the Unification of Certain Rules of Law relating to Bills of Loading.
Set of international rules for the international carriage of goods by sea.
After being amended by the Brussels Amendments in 1968, the Rules became known as the Hague-Visby Rules.
Was drafted in Brussels in
1924
Visby Amendments to Hague Rules.
- No Adopted by U.S.- Adopted by UK,
Canada, Singapure, Japan, Western and European Countries.
Carrier liable for losses from
reckessness in operation and navegation.
Raised liability per package to approx. $1000.
Applies only to contracts of carriage covered by a
bill of lading or any similar document of title.
Bill of Lading or any similar document.
Shall apply to:a. Bill of lading is issued in a contracting State, orb. The carriage is from a port in a contracting State, orc. The contract contained in or evidence by the bill of lading.
- Seaworthy.- Properly equip and supply
the ship.- Make the holds ready to load, carry, preserve and
discharge the cargo. - Issue bill of lading after
loading.- Carefully load, handle, stow
carry, keep, care for and discharge the cargo.
“Carriage of goods” covers the period from
the time when the goods are loaded on to
the time they are discharged from the
ship.
Definitions Geographical scope of Application
Obligations Application and Responsibility
Art. 1 Art. 10
Art. 2Art. 3
Art. 1
Exclusions Liability of the Carrier
Art. 4
Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from: Act, neglect, or default of the
master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship.
Fire, unless caused by the actual fault of the carrier.
Any other cause arising without the actual fault or privity of the carrier, BUT the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.
Art. 1
‘Contract of carriage’ applies only to contracts of carriage covered by a bill of lading or any similar document of title. ‘Goods’ includes goods, wares, merchandise, and articles of every kind whatsoever accept live animals and cargo which by the contract of carriage is stated as being carried on deck.
SOURCES:
https://www.uncitral.org/pdf/english/workinggroups/wg_3/Berlingieri_paper_comparing_RR_Hamb_HVR.pdf
http://www.jus.uio.no/lm/sea.carriage.hague.visby.rules.1968/doc.html
http://www.admiraltylaw.com/statutes/hague.php
http://www.euro-marine.eu/hague-VisbyRules.html
Brussels Amendments: officially the "Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading.
http://www.gard.no/web/updates/content/20651413/english-law-deck-carriage-and-the-hague-visby-rules