Hague Visby Rules - Essay Example

In 1924, a new charter was designed which had considerations for different countries and was formulated as a summation of various postulates, which took in to account a fair balance of both sides (SELVIG, 1961).The first rule that was implemented on the state level was The Hague rule which was a bit of amendment an old Sea law related to Carriage of goods by sea act in 1924. It was then the request was once again made as there were quite many disparities in the rights of carrier and the shippers, there was once again an amendment made.

The main aim was to protect the cargo owner and the carriers. It discussed the liabilities that are faced by the sea carriers. There were standard clauses that were all mixed together and a fairer chance was given to both of them. Standard clauses were incorporated and therefore, it was a very fair rule that was developed. It covered the risks that would be borne by the carrier and the liabilities that he and the shipper had to face. Even the exclusions and limitations of the liability were discussed.

Hague rule and The Hague –Visby rules are near about the same except for the factors of applicability.Hague Rules were limited under the influence of the Carriage of Goods by Sea Act 1924 it also included the bills of lading that were issued, it was applied only to the cargo that was outbound from the UK. It was not applicable to other voyages.The Hague-Visby Rules were applicable to the international voyages as well. It contained an addendum that was in reference to international voyages.

It accounted for the trade between international coasts. It also contained legitimate details, which had rules and regulations which accounted for the rights and an international contract related to the operations on international coasts as well.The rules were made as to the word of law and therefore, any document that contained the postulates laid down in respect with the trade that was being carried out between two companies and was signed with the above terms present on the paper, the paper would be treated as the bill of laden and the parties held liable for the rules laid down.

Those laid down rules would be governing the relations between the parties and had to be followed by the parties in any case. The rules were negotiable if the postulate related to negotiations was laid down in the contract, the rules could also be negotiated if both the parties were willing to negotiate it. It need not be a formal document, but if any paper that had suggested rules and signs of both the parties then it would be considered as a bill of lading no matter what (SCARRY, 2010).