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Part III International and Domestic Regulation, 19 The Scope and Application 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: 27 November 2022

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

This chapter addresses the scope and application of the Hague and Hague-Visby Rules. Article II of the Hague and Hague-Visby Rules, provides that: ‘Subject to the provisions of Article VI, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities and entitled to the rights and immunities hereinafter set forth’. This provision sets out the ‘temporal’ coverage of the Rules, embracing the carrier’s obligations from ‘loading’ to ‘discharge of such goods’ and spells out the relationship between the carrier and the shipper of the goods, namely the carriers’ responsibilities and liabilities and entitlement to certain rights and immunities. This also points to the fact that the Rules are intended to be a complete and self-contained code. Thus, the Rules constitute the complete basis on which the contracting parties’ contract with each other. The Rules attach to a ‘contract of carriage’ and apply when such a contract falls within the ambit of the Rules, namely when the carriage relates to carriage of goods by sea.

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