Hamburg Rules

1978 admiralty law convention

Hamburg RulesUnited Nations Convention on the Carriage of Goods by Sea

Signed| 31 March 1978
Location| Hamburg and New York
Effective| 1 November 1992
Condition| Ratification by 20 states
Signatories| 28
Ratifiers| 35
Depositary| UN Secretary-General
Languages| Arabic, Chinese, English, French, Russian and Spanish
Admiralty law

History

* Code of Hammurabi

Corpus Juris Civilis
* Digesta
* Ordinamenta et consuetudo maris
* Amalfian Laws
* Hanseatic League

Features

* Fishing
* Illegal
* Fisheries law
* Maritime transport
* Shipping/Ferry
* Cargo
* Freight
* Shipbuilding
* Merchant marine
* Cargo ship
* Passenger ship
* Mortgage
* Registration
* Marine insurance

* Act of God
* Cargo
* Collision
* General average
* Seaworthiness
* Total loss
* Maritime security
* Letter of marque
* Drugs
* Piracy
* Pollution
* Smuggling
* Wartime prizes

Contract of carriage/Charterparty

* Affreightment
* Agency
* Barratry
* Bill of lading
* Brokerage
* Chartering
* Consignment
* Demurrage
* Force majeure
* Invoice
* Commercial
* Pro forma
* Laytime
* Lien
* Maritime
* Manifest
* Packing list
* Proof of delivery
* Salvage
* Law
* Terms
* International
* Waybill

Parties

* Agent
* Factor
* Freight forwarder
* Captain (Master)
* The captain goes down with the ship
* Carrier

* Charterer
* Freight company
* Manager
* Consignee
* Consignor
* Principal
* Owner
* Seaman
* Mutiny
* Stevedore

Judiciaries

* Admiralty court
* Vice admiralty court

International conventions

* Hague-Visby Rules
* Hamburg Rules
* Rotterdam Rules
* Maritime Labour Convention
* International Convention on Salvage
* United Nations Convention on
the Law of the Sea (UNCLOS)

* International piracy law
* SOLAS Convention
* MARPOL Convention
* Ballast Water Management Convention
* Anti-fouling Convention
* International Convention on Load Lines
* International Regulations for
Preventing Collisions at Sea

* SAR Convention
* Athens Convention

International organizations

* International Maritime Organization
* Comité Maritime International
* London Maritime Arbitrators Association

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The Hamburg Rules are a set of rules governing the international shipment of goods, resulting from the United Nations International Convention on the Carriage of Goods by Sea adopted in Hamburg on 31 March 1978.[1] The convention was an attempt to form a uniform legal base for the transportation of goods on oceangoing ships. A driving force behind the convention was the attempt by developing countries' to provide all participants a fair and equal chance of succeeding. It came into force on 1 November 1992.[2]

## History[edit]

The first of the international conventions on the carriage of goods by sea was the Hague Rules of 1924. In 1968, the Hague Rules were updated to become the Hague-Visby Rules, but the changes were modest. The convention still covered only "tackle to tackle" carriage contracts, with no provision for multimodal transport. The industry-changing phenomenon of containerization was barely acknowledged.[3][4] The 1978 Hamburg Rules were introduced to provide a framework that was both more modern, and less biased in favour of ship-operators. Although the Hamburg Rules were readily adopted by developing countries, they were shunned by richer countries who stuck with Hague and Hague-Visby. It had been expected that a Hague/Hamburg compromise might arise, but instead the more extensive Rotterdam Rules appeared.

## Relation with other conventions[edit]

Article 31 of the Hamburg Convention[5] covers its entry into force, coupled to denunciation of other Rules. 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 Rotterdam Rules are not yet in force).[6][7]

## Ratifications[edit]

As of March 2021, the convention had been ratified by 35 countries:

Country | Comments

|

Albania |
Austria |
Barbados |
Botswana |
Burkina Faso |
Burundi |
Cameroon |
Chile |
Czech Republic |
Dominican Republic |
Egypt |
Gambia |
Georgia |
Guinea |
Hungary |
Jordan |
Kazakhstan |
Kenya |
Lebanon |
Lesotho |
Liberia |
Malawi |
Morocco |
Nigeria |
Paraguay |
Peru |
Romania |
Saint Vincent and the Grenadines |
Senegal |
Sierra Leone |
Syria |
Tunisia |
Uganda |
Tanzania |
Zambia |

## References[edit]

1. ^ "United Nations Convention on the Carriage of Goods by Sea (The Hamburg Rules) Hamburg, 30 March 1978". 30 March 1978.
2. ^ UNCITRAL Homepage
3. ^ Hague-Visby Rules: Article IV Rule 5c
4. ^ "The Hague-Visby Rules - the Hague Rules as Amended by the Brussels Protocol 1968". 1968. Archived from the original on 2007-07-08. Retrieved 2015-11-01.
5. ^ "Hamburg Rules". Archived from the original on 2009-07-20. Retrieved 2009-04-04.
6. ^ Maritime Law - 2014 - ed. Yvonne Batz
7. ^ Maritime Law Evolving - 2013 - ed. Malcolm Clarke

## External links[edit]

* Convention text Archived 2009-07-20 at the Wayback Machine
* Ratifications and signatures

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