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Part III International and Domestic Regulation, 16 The Hamburg Rules

From: Carriage of Goods by Sea (3rd Edition)

Stephen Girvin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 July 2024

Regulation of carriage of goods

This chapter evaluates the Hamburg Rules, starting with a background of its drafting by the United Nations Commission on International Trade Law (UNCITRAL). The Hamburg Rules comprises 34 articles and a Common Understanding. The chapter then considers the core provisions of the Rules which are different to the Hague and Hague-Visby Rules. Article 2(1) of the Hamburg Rules provides that the Rules apply to inbound and outbound contracts of carriage by sea between two different states, or if ‘one of the optional ports of discharge provided for in the contract is the actual port of discharge and is in a contracting state’, or if the bill of lading ‘or other document’ is issued in a contracting state or provides that ‘the provisions of the Convention or the legislation of any State giving effect to them are to govern the contract’. The Rules do not apply to coastal voyages, although it is likely that a contracting state will make them applicable to coastal trades.

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