Carriage of Goods by Sea - Assignment Example

The Hamburg Rules were born to further refine the Hague-Visby Rules for better protection of shippers and to ensure uniformity. However, some believed that these rules would only add to the confusion by destroying the uniformity that is currently in existence. This research will critically evaluate this view by reviewing the most relevant literature on the carriage of goods by sea.

A range of conventions directs international transportation of cargo by sea. The Hague of Rules of 1924 has won a convincing measure of global support. The U.S. law on the carriage of goods by sea is based on the Hague Rules. Successive modifications have been made to the Hague Rules (The Hague-Visby Rules of 1968) which are now in force in most of Western Europe, Japan, Singapore, Australia, and Canada. In 1978, the United Nations Commission on International Trade Law (UNCITRAL) was given the task of drafting a new convention to balance the interest of carriers and shippers. Although the Hague-Visby Rules were intended to rectify the pro-carrier inclination of the Hague Rules, many developing countries felt that the Hague-Visby Rules did not go far enough in addressing the legitimate concerns of cargo owners or shippers. This is because under the Hague Rules and Hague-Visby Rules, carriers are still exempted from liability for their negligence and for that of their employees in the navigation and management of the ship1, 2, 3, 4. The Commission’s deliberations led to an agreement in 1978 (the Hamburg Rules). It came into effect in 1991, and its effects remain to be seen. Unlike the Hague and Hague-Visby Rules, which have been ratified by many developed and developing nations, the Hamburg Rules are mostly followed by developing nations. This is in the belief that wider acceptance of these rules would result in better protection of shippers’ interests and promote uniformity5. Hamburg Rules is “an attempt for further refinement”6. Given the widespread acceptance of the Hague Rules, it is important to examine briefly some of the central features.