United Nations Convention on the Carriage of Goods by
Sea, 1978
During the 1970's pressure mounted from developing countries and
major shipper nations for a full re-examination of cargo liability
regimes.
Many, especially developing countries, took the view that the
Hague Rules had been developed by "colonial maritime nations" in
1924, largely for the benefit of their maritime interests, and that
the imbalance between shipowners and shipper interests needed to be
redressed. This led to the negotiation in 1978 of the United
Nations Convention on the Carriage of Goods by Sea (Hamburg
Rules).
Rather than just amending the Hague Rules, the Hamburg Rules
adopted a new approach to cargo liability. Under the Hamburg Rules
the carrier is held responsible for the loss of or damage to goods
whilst in their charge, unless they can prove that all reasonable
measures to avoid damage or loss were taken. Carrier liability is
extended to reflect the different categories of cargo now carried,
new technology and loading methods, and other practical problems
incurred by shippers such as losses incurred through delays in
delivery.
The Hamburg Rules were adopted on 31 March 1978 at a diplomatic
conference held at Hamburg. The Convention entered into force on 1
November 1992 when the pre-requisite number of countries acceded to
the Convention. However, none of the world's major trading nations
have acceded to the Hamburg Rules, nor have its provisions been
widely incorporated in national legislation, reflecting a general
view that the Hamburg Rules have over-compensated in their effort
to redress a perceived imbalance in the Hague Rules in favour of
shipowners. The Hamburg Rules probably cover less.
Hamburg Rules (76 KB)