Article II Risks Subject to the provisions of Article VI, under every contract of carriage of goods by water the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities and entitled to the rights and immunities hereinafter set forth. The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to a make the ship seaworthy; b properly man, equip and supply the ship; c make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.
Each international convention in turn attempted to broaden its application in order to avoid lacunae, to encompass all contracts of carriage as well as bills of lading, and to permit incorporation by reference.
This chapter deals with the application of the three sets of rules. Some nations such as France have two international regimes.
Some countries such as France ratify conventions and such ratification makes the convention law. The Hague Rules 1 The general principle of application The general principle regarding the application of the Hague Rules is that they apply by their own force ex proprio vigore to contracts of carriage covered by a bill of lading or any similar document of title.
This seems manifestly clear from the Hague Rules themselves and was so declared in Shackman v. Cunard White Star Ltd. For example, if the Vita Food case had been tried in Newfoundland, where the bill of lading was issued, then the Hague Rules would have applied.
As Lord Wright himself stated: Fortunately, the decision of the Privy Council in Vita Food has not been followed. The Visby Rules are amendments to the Brussels Convention and art. A Party to this Protocol shall have no duty to apply the provisions of this Protocol to bills of lading issued in a State which is a Party to the Convention but which is not a Party to this Protocol.
The Visby Rules, on the other hand, would seem to give much more authority to the application of the Rules by their wording. Common or public carriage is a contract of carriage arranged after public offers and advertisements and is usually by a liner bill of lading i. The Rules apply to common carriage and may apply to private carriage - the criterion is that there be a contract of carriage normally covered by a bill of lading42 rather than a contract of hire normally a charterparty Because most private carriage is by charterparty, however, the Rules do not usually affect it.
The Rules are ambiguous and state, at arts. The above argument, taking into consideration arts. Accepted rules of construction of statutes and interpretation militate in favour of the recognition that the Rules govern waybills, except in the particular case contemplated by art.
Such recognition would resolve ambiguities and give effect to what appears to have been the intention of the drafters of the Brussels Convention in This is particularly so because the bill of lading is not necessarily the contract of carriage but usually the best evidence of it.
Scindia Steam Navigation Co. On the other hand, where no bill of lading is issued but a charterparty is contemplated, then the Hague Rules do not apply, as was held in Canada Steamship Lines Ltd. Relying on Pyrene Co. Federal Commerce and Navigation Co.
The Canadian Federal Court of Appeal, applying Pyrene, decided that a bill of lading had been contemplated and in consequence gave the carrier the benefit of the Hague Rules package limitation.Hague-Visby Rules. Article I. Definitions.
In these Rules the following expressions have the meanings hereby assigned to them respectively, that is to say. The Hague-Visby Rules, pursuant to article 1(b), apply only to contracts of carriage “covered” by a bill of lading or similar document of title and therefore they impliedly exclude charter parties.
History. The first of the international conventions on the carriage of goods by sea was the Hague Rules of In , the Hague Rules were updated to become the Hague-Visby Rules, but the changes were attheheels.com convention still covered only "tackle to tackle" carriage contracts, with no provision for multimodal transport.
attheheels.com-negotiable receipts (waybills) in the coasting trade under specific national legislation. 7) No bill of lading issued. The Hague and Hague/Visby Rules apply to a contract of carriage covered by a bill of lading or similar document of title, whether or not a bill of lading was in fact issued.
15 Hague, Visby, Hamburg and Rotterdam. A maritime tour of northern Europe. Francis Reynolds, QC Professor Emeritus, University of Oxford. The topic of carriage of goods by sea under bills of lading has been the subject of compulsory regulation, or proposed regulation, four times in the last 85 years.
Now if the hague visby rules do not apply in his case, he cannot use other articles of the hague visby rules to sue the carrier. Conclusion In spite of many years and more modern rules for carriage of goods in place, hague visby rules still dominates the shipping industry.