International regulations for the carriage of goods by sea, land, air and multimodal transportation
Aims
• To understand how the International Regulations are signed and ratified.
• To examine the basic International Rules for the Carriage of Goods by Sea.
• To discuss on the applicability of some basic areas covered by the Rules.
• To refer to the Rules governing the land, and multimodal transportation.
1. INTERNATIONAL REGULATIONS
International regulations are drafted by international organisations, relevant advisory bodies etc.
For a Convention to be in force, a certain amount of States have to ratify it. The States are presented with the new Convention drafted by the relevant body. The first phase is the signatory one.
Signature constitutes a preliminary endorsement of the Convention or Protocol. Signing the instrument does not create a binding legal obligation but does demonstrate the State’s intent to examine the treaty domestically and consider ratifying it. While signing does not commit a State to ratification, it does oblige the State to refrain from acts that would defeat or undermine the treaty’s objective and purpose.
The States which only signed, but not ratified the Convention have for the moment only an obligation to refrain, in good faith, from acts that would defeat the object and purpose of the treaty. Ratification stays necessary before the Convention becomes part of the legal system of those countries.
Through ratification a State establishes its consent to be bound by a Convention. Usually ratification involves two distinct procedural acts. Firstly, the appropriate national organ of the country (Parliament, Senate, the Crown, Head of State or Government, or a combination of these) follows domestic constitutional procedures and makes a formal decision to be a party to the Convention. Secondly, the instrument of ratification (a formal sealed letter referring to the decision and signed by the State’s responsible authority) is prepared and deposited with the relevant organisation, whereby the contracting party indicates its consent to be bound to the other contracting parties.
2. INTERNATIONAL RULES GOVERNING THE CARRIAGE OF GOODS BYSEA
In the shipping world the bodies creating the international Conventions or most important rules are basically the following:
• United Nations General Assembly (UN)
• InternationalMaritimeOrganisation (IMO)
• United Nations Commission on International Trade Law (UNCITRAL)
• United Nations Conference on Trade and Development (UNCTAD)
• ComitéMaritimeInternational (CMI)
• International Chamber of Commerce (ICC)
The are currently three Conventions in force at the same time in different countries around the world. Thesearethefollowing:
• HagueRules 1924
• Hague -VisbyRules 1968
• HamburgRules 1978
The UN General Assembly on the 11th of December 2008 adopted the Rotterdam
Rules which were intended to replace all the above three sets of rules. However the Rotterdam Rules are not effective yet. They will enter into force 12 months after the deposit of the 20th instrument of ratification, acceptance, approval or accession.
There was a need for uniformity for all the above Conventions and also some of the Rules have become anachronistic. However the parties concerned are not open to change. In the discussions before the drafting of the Rotterdam Rules, the drafters of the Rules had to keep in mind that the new set of Rules would serve the need of evolution and not revolution.
Let us investigate some background information in order to get a better idea of the reality underneath these important Rules.
