United Nations Convention on contracts for the international carriage of goods wholly or partly by sea
The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea is commonly known as the Rotterdam Rules. The Rotterdam Rules is an international treaty that establishes uniform rules governing the rights and obligations of parties involved in the international carriage of goods by sea. It was adopted by the United Nations General Assembly on December 11, 2008, but as of my knowledge cutoff in September 2021, it had not yet entered into force.
The Rotterdam Rules aim to modernize and harmonize the existing international conventions on maritime carriage of goods, such as the Hague Rules (1924), the Hague-Visby Rules (1968), and the Hamburg Rules (1978). The treaty covers various aspects of the contract of carriage, including the responsibilities of the carrier, the shipper, and other parties involved.
Some key provisions of the Rotterdam Rules include:
- Expanded scope: The rules cover not only traditional bills of lading but also other transport documents, electronic transport records, and non-negotiable electronic records.
- Carrier’s liability: The rules establish a more comprehensive liability regime for the carrier, including a “strict liability” principle that holds the carrier responsible for loss or damage to the goods.
- Period of carrier’s responsibility: The rules extend the period of the carrier’s responsibility, covering not only the period when the goods are in the carrier’s custody on board the ship but also the pre-loading and post-discharge periods.
- Documentation requirements: The rules provide for more detailed and standardized documentation requirements for the transport of goods, including mandatory information that must be included in transport documents.
- Electronic commerce: The Rotterdam Rules recognize and facilitate the use of electronic communications and electronic transport records in international trade.
It’s worth noting that the Rotterdam Rules need to be ratified and adopted by individual countries before they become applicable in their respective legal systems. As of my knowledge cutoff in September 2021, the number of countries that had ratified the Rotterdam Rules was limited. Therefore, the existing international conventions on maritime carriage of goods, such as the Hague-Visby Rules and the Hamburg Rules, continue to be the prevailing legal frameworks in most cases.
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