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Part III International and Domestic Regulation, 18 The Legal Effect and Interpretation of the Hague and Hague-Visby Rules

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

Stephen Girvin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 16 August 2022

Subject(s):
Regulation of carriage of goods — Interpretation of contract

This chapter assesses the legal effect and interpretation of the Hague and Hague-Visby Rules. Article X of the Hague Rules provides that ‘the provisions of this convention shall apply to all bills of lading issued in any of the contracting States’. Section 1 of the Carriage of Goods by Sea Act 1924 applied only ‘in relation to and in connection with’ the shipment of goods from ports in Great Britain to ports in or outside Great Britain. The port of destination was immaterial for the purposes of the Act. Thus, section 1 was narrower than intended by article X. Meanwhile, article X of the Hague-Visby Rules provides that ‘the provisions of these Rules shall apply to every bill of lading relating to the carriage of goods between ports in two different States if: (a) the bill of lading is issued in a contracting State, or (b) the carriage is from a port in a contracting State, or (c) the contract contained in or evidenced by the bill of lading provides that these Rules or legislation of any State giving effect to them are to govern the contract, whatever may be the nationality of the ship, the carrier, the shipper, the consignee, or any other interested person.

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