Maritime Law

• Hamburg Rules


  New rules that brought improvements over the Hague and Visby Rules on the carriage of goods
• Liability of carrier


  • The Hamburg Rules govern the liability of the carrier for delay in delivery in the same manner as liability for loss of or damage to the goods, in accordance with the principle of presumed fault or neglect
• Measurement of package


  • The Hamburg Rules limit the liability of the carrier for loss or damage to the goods to an amount equal to 835 units of account per package or other shipping unit, or 2.5 units of account per kilogram of gross weight of the goods lost or damaged, whichever is the higher
• The Hague Rules do not cover the liability of the carrier for delay in delivery
• The limits of liability under the Hamburg Rules are 25 percent higher than those established under the 1979 additional protocol, which also uses the SDR as the unit of account
• In The Hague Rules and the Visby protocol the limits of liability are expressed in units of account based upon a certain quantity of gold because national currencies no longer have a fixed values in relation to gold, the values of those limits in national currencies vary
• Conditions for the Hague-Visby Rules to be effective as specified in Article 10

  1. A B/L is issued in a contracting state

  2. The carriage begins in the part of a contracting state

  3. The contract of carriage specifically incorporates the rules by reference
• Essential things that must be contained in a bill of lading

  • The leading marks necessary for identification of the goods in writing by the shipper before the loading of such goods start
  • The number of packages or pieces, the quantity or weight, as furnished in writing by the shipper
  • The apparent order and condition of the goods
• Duties contained in art.III under the Hague Visby Rules (paragraphs 1and 2)


  • Due diligence to make the ship seaworthy
  • Properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried
• Legal liabilities arising from marine pollution

  • Trespass
  • Public Nuisance
  • Private Nuisance
  • Criminal Liability
• Exceptions under which the carrier's liability is accepted under a contract of carriage of goods governed by the Hague Rules


  • Fire unless caused by the actual fault or privity of the carrier
  • Acts of God
  • Act of war
  • Act of public enemies
  • Quarantine restrictions
  • Riots and civil commotions
  • Saving or attempting to save life or property at sea
  • Insufficiency of packing
  • Insufficiency or inadequacy of marks
  • Latent defects not discoverable by due diligence
• Duty of seaworthiness


  • The carrier has a duty to provide a good ship in such a state and condition as to be able to perform the voyage
• In the Hague rules of 1924 the carrier must issue a bill of lading to the shipper to evidence the contract between them
• Duties imposed by the Act or the ship owner for ship seaworthy in Hague rules 1924

  • Duty to make the ship sea worthy
  • Duty to properly man, equip and supply the ship
  • Make the holds, refrigeration and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation
• The carrier has a duty to load, handle, show, carry, keep, care for and discharge the goods carried
• The Visby Rules have tried to cure the defects or fill the lacuna created by the Hague Rules
• Sources of Pollution of the Marine Environment

  • Pollution from land based source
  • Pollution from sea bed activities subject to national jurisdiction
  • Pollution from activities in the Area
  • Pollution by dumping
  • Pollution from vessels
  • Pollution from or through the atmosphere
• The Hague Visby protocol has brought improvements over the Hague Rules, but it is unclear if this has resolved the issue of exclusive liability borne by the ship owner
• Improvements of the Rotterdam Rules over The Hague Visby and Hamburg Rules

  • Carriage beyond the sea
  • Electronic records
  • Obligations and liabilities of maritime performing parties
  • Delivery of goods
  • Rights of the controlling party
  • Transfer of rights
• Rights of the controlling party as provided for in the Rotterdam Rules

  • To give or modify instructions in respect of the goods that do not constitute a variation of the contract of carriage
  • To obtain delivery of the goods at a scheduled port of call
  • To replace the consignee by any other person including the controlling party