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The Hague Rules - Essay Example
During the first half of 19th century, carriers claimed that freedom of contract was right approach and robustly exercised that freedom. While the shippers responded that only freedom of contract they enjoyed was freedom either to ship terms of dictated by the sea carrier or the freedom not to ship at all…
The Hague Rules radically changed the legal status of sea carriers under the bill of lading. Again in 1963 CMI adopted the text of a draft document which was intended to make limited amendments to the 1924 convention which was considered at 12th Session of the Brussels Diplomatic Conference on Maritime Law in 1967 and 1968. The Protocol was signed in this respect on 23 February 1968 at Visby on the Swedish Island and the Carriage of Goods by Sea Act 1971 was passed by the UK Government with effect to the protocol and re-enacted Hague Rules and Hague Visby Rules. (Martin Dockray and Katherine Reece Thomas, 2004)
The Hague Rules were adopted in 1924, The Hague/Visby Rules in 1968 and 1979 and the Hamburg Rules in 1978. Each international convention in turn attempted to broaden its application in order to avoid lacunae, to encompass all contracts of carriage as well as bills of lading, and to permit incorporation by reference.2 The accepted international standard of the rights and duties of a Carrier, Shipper and consignee of goods carried by sea is the Hague Rules Convention of 1924 which has been given the force of law by most maritime nations.(Richard Price and Andreas Haberbeck, 1986)3
The general principle regarding the application of The Hague Rul ...