HAMBURG RULES 1978

HAMBURG RULES 1978

• 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 .
• The Convention was an attempt to form a uniform legal base for the transportation of goods on oceangoing ships. 
• Adopted in Hamburg on 31 March 1978.
• Hamburg rule came into force on 1 November 1992.
• 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.
• 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.  

hamburg rules divided as follow .

PART I
GENERAL PROVISIONS

Article 1: Definitions
Article 2: Scope of application
Article 3: Interpretation of the Convention

PART II
LIABILITY OF THE CARRIER

Article 4: Period of responsibility ( The responsibility of the carrier for the goods under this Convention covers the period during which the carrier is in charge of the goods at the port of loading, during the carriage and at the port of discharge. )

Article 5: Basis of liability (Carrier liability for loss resulting from loss of or damage to the goods, as well as from delay in delivery).

Article 6: Limits of liability (The liability of the carrier for loss resulting from loss of or damage to goods according to the provisions of article 5 )

Article 7: Application to non-contractual claims
Article 8: Loss of right to limit responsibility
Article 9: Deck cargo
Article 10: Liability of the carrier and actual carrier
Article 11: Through carriage

PART III
LIABILITY OF THE SHIPPER

Article 12: General rule

Article 13:  Special rules on dangerous goods   

PART IV
TRANSPORT DOCUMENTS

  
Article 14: Issue of bill of lading
Article 15: Contents of bill of lading
Article 16: Bills of lading: reservations and evidentiary effect
Article 17: Guarantees by the shipper
Article 18: Documents other than bills of lading

PART V
CLAIMS AND ACTIONS

Article 19: Notice of loss, damage or delay
Article 20: Limitation of actions
Article 21: Jurisdiction
Article 22: Arbitration

PART VI
SUPPLEMENTARY PROVISIONS

Article 23: Contractual stipulations
Article 24: General average
Article 25: Other conventions
Article 26: Unit of account

PART VII
FINAL CLAUSES

Article 27: Depositary
Article 28:  Reservations   
Article 29: Reservations
Article 30: Entry into force
Article 31: Denunciation of other conventions
Article 32: Revision and amendment
Article 33: Revision of the limitation amounts and unit of account or monetary unit.rticle 33: 
Article 34: Article 33:Denunciation (A Contracting State may denounce this Convention at any time by means of a notification in writing addressed to the depositary)