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Part III International and Domestic Regulation, 20 The Scope and Application of the Rotterdam 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: 24 June 2024

Documents of carriage — Regulation of carriage of goods — Interpretation of contract

This chapter describes the scope and application of the Rotterdam Rules. In a marked point of departure from the other international carriage conventions, the Rotterdam Rules is explicit in providing a general interpretation provision. This is to be found in article 2, which states that: ‘In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade’. The call to the ‘international character’ of the Rules and the ‘need to promote uniformity’ are important benchmarks in the Rules, which were drafted because of an incipient lack of uniformity in the carriage of goods by sea. The Rules mirror the Hamburg Rules in having wider application than the Hague-Visby Rules. They apply in those cases where the place of receipt and the place of delivery are in different states and the port of loading of a sea carriage and the port of discharge are in different states and if the place of receipt, the port of loading, the place of delivery, or the port of discharge is in a contracting state.

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