2. The Hague-Visby Rules are a set of international rules for the international
carriage of goods by sea. The official title is "International Convention for the
Unification of Certain Rules of Law relating to Bills of Lading" and was drafted in
Brussels in 1924. After being amended by the Brussels Amendments (officially
the "Protocol to Amend the International Convention for the Unification of
Certain Rules of Law Relating to Bills of Lading") in 1968, the Rules became
known as the Hague-Visby Rules. A final amendment was made in the SDR
Protocol in 1979

3. The United Nations Conference on Trade and
Development (UNCTAD) was established in
1964 as a permanent intergovernmental body.
It is the principal organ of the United Nations
General Assembly dealing with
trade, investment, and development issues.
The organization's goals are to "maximize the
trade, investment and development
opportunities of developing countries and
assist them in their efforts to integrate into the
world economy on an equitable basis." (from
official website). The creation of the
conference was based on concerns of
developing countries over the international
market, multi-national corporations, and great
disparity between developed nations and
developing nations.

4. Basic goals
 Optimize the trade, investment and
development opportunities of
developing countries
 Assist developing countries in their efforts to
integrate into the world economy on an equitable
basis
UNCTAD 4

5. Basic characteristics
• 193 member States
• Secretary-General: Rubens Ricupero (Brazil),
since September 1995
• Staff: 400 employees
• Headquarters: Geneva, Switzerland
• Budget: ca. US$ 50 million from the UN budget, US$
25 million from extra-budgetary sources

6. Brief History of UNCTAD
• First phase: 1964 to late 1970s
Rise and climax of UNCTAD’s negotiating role
• Second phase: 1980s
Strengthening the analytical capacity with greater focus on
macroeconomic and financial issues (debt-crisis)
• Third phase: 1990s onwards
The positive agenda and identification of the shortcomings
of the mainstream development strategy
UNCTAD 6

7. Political dimension of the Conferences
Discussion about:
◦ Development-oriented strategies
◦ Advantages and shortcomings of economic
strategies
◦ Intergovernmental and international policies and
priorities
◦ Mandates and work of the UN
and UNCTAD
UNCTAD 7

8. Globalization and
Development Strategies
• Macro-economic analysis and
policy proposals
• Studies and projections about the world
economy and the financial system
• Preparation of the Trade and Development
Report (TDR)
• Analysis of external debt problems
• Development programs for Africa
UNCTAD 8

9. Intergovernmental process
Consensus-building
ECOSOC
Trade and Development Board
Commission on Commission on Commission on Commission on
Trade in Investment, Enterprise, Business Science and
Goods, Services Technology and Facilitation and Technology for
and Commodities Related Financial Development Development
Issues
Expert Meetings
• Annual session of the commissions: political issues
• Expert meetings: technical UNCTAD
issues 9

10. UNCITRAL HAD THE FOLLOWİNG AİM
• Burden of proof
• Jurisdiction
• Responsibility for deck cargos,live animals and
transhipment
• Extension of the period of limitation
• Elimination of invalid clauses in bill of lading

11. • Implementing legislation
• The Hague-Visby Rules were incorporated into English law by the
Carriage of Goods by Sea Act 1971; and English lawyers should note
the provisions of the statute as well as the text of the rules. For
instance, although Article I(c) of the Rules exempts live animals and
deck cargo, section 1(7) restores those items into the category of
"goods". Also, although Article III(4) declares a bill of lading to be a
mere "prima facie evidence of the receipt by the carrier of the
goods", the Carriage of Goods by Sea Act 1992 section 4 upgrades a
bill of lading to be "conclusive evidence of receipt".
• Under Article X, the Rules apply if ("a) the bill of lading is issued in a
contracting State, or (b) the carriage is from a port in a contracting
State, or (c) the contract (of carriage) provides that(the) Rules ... are
to govern the contract". If the Rules apply, the entire text of Rules is
incorporated into the contract of carriage, and any attempt to
exclude the Rules is void under Article

12. • The Carrier's Duties
• 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". It is implicit (from the
common law) that the carrier must not deviate from
the agreed route nor from the usual route; but Article
IV(4) provides that "any deviation in saving or
attempting to save life or property at sea or any
reasonable deviation shall not be deemed to be an
infringement or breach of these Rules".

13. • The Shipper's Duties
• By contrast, the shipper has fewer obligations
(mostly implicit), namely: (i) to pay freight; (ii)
to pack the goods sufficiently for the journey;
(iii) to describe the goods honestly and
accurately; (iv) not to ship dangerous cargoes
(unless agreed by both parties); and (v) to
have the goods ready for shipment as agreed;
(q.v."notice of readiness to load").

14. Carrier’s documentary responsibilities
• Shipper entitled to a nonnegotiable transport
document or electronic record or a negotiable
transport record orelectronic document.These
document contain a number of particulars
such as description of goods name/adress
carrier apparent order and condition of goods.

15. Carrier’s period of responsibility
• From the time carrier is in charge at the port
of loading until the port of discharge

16. Burden proff
• On the carrier ,except in case of loss,damage
or delay in delivery due to fire,when the
burden shifts to the claimant

17. Scope of application;
• The hamburg rules com into operation where
• The contract for carriage is for carriage by
sea,an
• An element of internationality is present in
that contract of affreighment is between two
different states.
THE HAMBURG RULES 17

18. • Carriers duties and liabilities
• Hague – Visby rules
• Under the Hague – Visby rules the carrier must exercise due diligence to
(Article III).
• (a) make the ship seaworthy
• (b) properly man, equip and supply ship
• (c) make the parts of the ship in which goods are carried fit and safe for
the receipt, carriage and preservations of the goods [Article (III) Rule (1)].
• The carrier shall properly load, handle, stow, carry, keep, care for and
discharge the goods carried (Article (III) Rule 2).
• Hamburg Rules makes a distinction between the “carrier” and the “actual
carrier”.
• 11 (

19. CARRİER’S EXCEPTİON
• Live Animals
• Under Article 5 (5) where live animals are carried, the carrier is not liable if he can show that he has complied with
the shipper’s a special instructions and the loss or damage was caused by special risks inherent in the kind of
cargo carried.
• 12 The Muncaster Castle (1961) AC 807
• 9
• (ii) Deviation
• Under Article 5 (6) of the Hamburg Rules provides that the carrier is not liable, except in general average, where
loss, damage or delay in delivery resulted from measures to save life or from reasonable measure to save property
at sea. However, in the event of deviations, the carrier will still be liable for all loss, damage or delay in deliver that
results after deviation.
• In contrast Article 4 Rule 4 of Hague – Visby Rules a carrier will not be liable for loss resulting from any deviation in
saving or attempting to save life or property at sea or any reasonable deviation.
• (iii) Fire
• Under Article 5 (4) (i) (a) if a carrier is liable, if a claimant can prove that the fire arose from the fault or negligent
on the part of the carrier, his servants or agents. The carrier must prove that he, his servants or agent took all
measures that could reasonably be required to avoid the occurrence and its consequences.

20. Deck Cargo
Article 9 of Hamburg Rules provides for deck cargo.
The carrier is entitled to carry the goods on deck
only if it is in accordance with an
agreement/undertaking with the shipper or is in
accordance with the usage, rules or regulations.
Such an agreement between the carrier and shipper
must be included in the bill of lading.
Dangerous Cargo
Article 4 Rule 6 defines the liability for the shipment
of dangerous cargo.
This reinforces the implied term at common law that
the shipper will not ship dangerous goods without
the consent of the carrier.
Rule 6 provides that when such goods are shipped
without the knowledge or consent of the carrier, not
only he is entitled to neutralize them at the expense
of the shipper, and without any obligation to
compensate the cargo-owner, but the shipper is also
liable for any loss or damage resulting from their
shipment.

21. Hamburg Rules introduced Three new
requirements for the shipment of dangerous
goods.
(a) There should be an indication in the cargo
that it is dangerous.
(b) The dangerous character of the goods has
to be informed to the carrier.
(c) Necessary precaution to be taken and the
bill of lading must include an express
statement that the goods are dangerous

22. Limitation of Carriers Liability
Hague – Visby Rules – Liability limits for loss or
damage: 666.67 SDRs per package (approx. $
970.00) or 2 SDRs per kilogram (approx S 1.32
per pound), which ever is higher and in terms
of the Hamburg Rules 835 SDRs per package or
(approx $210.00) or 2.5 SDRs per kilogram
(approx $1.65 per pound), whichever is higher.

23. • CONCLUSION
• The Hamburg Rules has been strongly opposed by ship owning interests as
it is feared that they would tend to increase carrier’s liability and therefore
affect the cost of insurance through the P & I clubs.
• They have been equally strongly supported by shipper interests who
believe they set a fairer balance between the responsibilities of carrier
and shipper.
• Freight forwarders’ interests have moved to a position of broad
support, seeing the Hamburg Rules as offering the potential for greater
uniformity between the liability regimes for the different transport
modes, and also reducing the gaps in liability which can be a source of
difficulty at present for the forwarder who acts as a principal. The
Hamburg Rules came into force on 1 November 1992 and although there
are already 25 parties to the Convention it has so far had no major impact
on world trade.