Identifying a more equitable system for sharing responsibility among the Contracting Parties, that is compatible with modern-engineering used in maritime transport, as well as the need to establish an appropriate monetary limit for international trade and economic reality, led, in 1978, to the adoption of new uniform international shipping regulations, namely the United Nations Convention, regarding the carriage of goods by sea (3), known as the Hamburg Rules, thus achieving an approximation of the shipping rules, to those applicable to the other modes of transport (Cristea, 1999: 75).
Unlike the Hague Rules, which apply only to the shipment of goods that have been issued bills of lading in the Contracting States, the Hamburg Rules apply to every contract of carriage by sea, regardless of the document proving the conclusion of the contract.
It requires signatory Parties to denounce all other international conventions on carriage of goods by sea and issue of bills of lading including the Hamburg Rules of 1978.
It is in no way less than what it is in the Hamburg Rules of 1978.
The Hague Visby Rules 1968 (as amended by SDR Protocol of 1979) and the United Nations Convention on the Carriage of Goods by Sea 1978 (informally known as the Hamburg Rules
) are the principal international conventions dealing with laws in respect of carriage of goods by sea.
Such is the case of the Brussels Convention of 1924, the Hamburg Rules 1978, and the Rotterdam Rules 2008, which lay down a mandatory scheme that must be respected by the parties holding private covenants.
The Brussels Convention of 1924, as amended (protocols 1968 and 1979), the Hamburg Rules 1978 and the Rotterdam Rules 2008 are inserted in this line.
In this context, it must be noted that the stipulations of the Hague-Visby Rules and the Hamburg Rules
are broadly similar to this effect.
Currently, there are three international conventions in force governing international maritime transport: the Hague Rules, the Hague-Visby Rules and the Hamburg Rules
. The Rules established minimum obligations, maximum immunities and the limit of carrier's liability.
shippers have been pressing the State Department to adopt other treaties--first the Hamburg Rules
, and later the International Multimodal Transport Convention (IMTC)--that would increase carriers' liability even further.
International Convention on the Carriage of Goods by Sea ("Hamburg Rules
"), UN Convention Rotterdam Rules ("RR"), Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway ("CMNI"), Convention for the Unification of Certain Rules Relating to International Carriage by Air ("Warsaw") and Convention for the Unification of Certain Rules for International Carriage by Air ("Montreal").
The Hamburg Rules
(4) do not expressly provide the carrier's obligation, both before the beginning of the voyage and at its beginning, to exercise due diligence in order to make the ship seaworthy, to 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.