Where do the Hague Visby Rules Apply?
3(7). The Hague and Hague/Visby Rules apply to all contracts of carriage of goods by sea, oral or written, except where by art.
Can you contract out of Hague-Visby Rules?
The Hague/Hague Visby Rules are a mandatory framework of rights and obligations that apply to the carriage of goods by sea. Outside of this basic framework the parties to a contract of carriage are free to negotiate additional terms as they wish1.
Which countries have ratified the Hague Visby Rules?
| Country | Hague/Hague-Visby/Hamburg (or equivalent) | Date enacted1 |
|---|---|---|
| Nigeria | Hague Rules6 (Carriage of Goods by Sea Act) | 1926 |
| Senegal | Hamburg Rules (Law Ref. 86.11) | 24th January 1986 |
| Sierra Leone | Hamburg Rules | 1st November 1992 |
| South Africa | Hague-Visby8 (Carriage of Goods by Sea Act) | 4th July 1986 |
How do you reference the Hague Visby Rules?
Harvard (18th ed.) RICHARDSON, J., & RICHARDSON, J. (1998). The Hague and Hague-Visby rules. London, LLP.
What is the difference between Hague and Hague-Visby Rules?
The Hague–Visby Rules is a set of international rules for the international carriage of goods by sea. They are a slightly updated version of the original Hague Rules which were drafted in Brussels in 1924. Many countries declined to adopt the Hague–Visby Rules and stayed with the 1924 Hague Rules.
What is the purpose of Hague-Visby Rules?
‘ The Hague-Visby Rules stipulate the extent of the governance of the waybill for a cargo ship being chartered alongside the liabilities that stand to be potentially imposed on the parties agreeing to the charter.
Is China a signatory to the Hague-Visby Rules?
Contracts of carriage are governed by the Chinese Maritime Code, which contains similar provisions to the Hague-Visby Rules, although China is not itself a signatory to the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading 1924 (the Hague Rules), the Hague-Visby Rules, the …
Why Hague-Visby Rules came?
Hague rules brought a balance between shipper-carrier agreement. Before these rules the contract of carriage used to be in favour of the party that had the edge in the shipping market. To address these weaknesses, more modernised version of Hague rules were introduced. These rules were called “Hague Visby rule“.
What are the obligations of carrier under Hague-Visby Rules?
Under the Rules, the carrier’s main duties are to “properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried” and to “exercise due diligence to make the ship seaworthy” and to “… properly man, equip and supply the ship”.
What are the major weaknesses of the Hague Visby Rules?
The Hague rules had many imperfections, which highlights its change to the later amended 1971 Hague-Visby rules. One of the many weaknesses of the Hague rules was that in article X “The provisions of this Convention shall apply to all bills of lading issued in any of the contracting States”.
What are the major weaknesses of the Hague-Visby Rules?
In what circumstances would the Hague-Visby Rules make the carrier liable for loss or damage to goods?
Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or agent of the carrier has not consented with knowledge of their nature and character, may at any time before discharge be landed at any place, or destroyed or rendered innocuous by the carrier without compensation and …