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ASSIGNMENT ON LANDMARK DEVELOPMENT IN MARITIME LAW

   

Added on  2022-02-14

11 Pages2774 Words30 Views
ROTTERDAM RULES TO BE A LANDMARK DEVELOPMENT
IN MARITIME LAW

Table of Contents
Rotterdam rules..........................................................................................................................3
The most important provisions..................................................................................................4
Ratifications and the entry into effect of the Convention..........................................................6
What contracts are subject to the Rotterdam Rules?.................................................................7
Restrictions on use.....................................................................................................................7
Discuss whether Rotterdam rules have been successful in bringing a uniform regulatory
system and new cost reduction methods to the realm of maritime or not.................................8
Reference.................................................................................................................................11

Rotterdam rules
There are new international standards for maritime
affreightment and shipping commodities by sea proposed in the
"Rotterdam Regulations." Carriers and cargo owners are the
primary focus of the Rules. The provisions of the convention,
which attempt to broaden and modernize present international
rules while also promoting uniformity in international trade law,
are to be amended or replaced in the area of maritime
transportation, as appropriate. In accordance with the
convention's wide and uniform legal framework, shippers,
carriers, and consignees who enter into a contract for door-to-
door shipments, including international sea transport, are all
covered. A decade after the publication of the final text, nothing has changed. Only four
governments, three of which are small West African republics, have approved the regulations as
of December 2018. Compared to current "tackle-to-tackle only" rules, the Rotterdam Rules
include roughly 10 times the number of Articles. Hague-Visby Rules, which dominate the
industry, have shortcomings, but they are inadequate for today's multimodal transport. A
"Rotterdam-Lite Convention" might be adopted in the meantime as a workaround. (The
Rotterdam Rules: Frequently Asked Questions - Transport - UK, 2022).
The Hague Rules of 1924, now known as the Hague-Visby Rules, were updated in 1968,
however the revisions were quite modest in their content. There was no provision for
multimodal transportation in the new convention, which continued to cover just "tackle to
tackle" contracts in their original form. The influence of containerization on the sector has been
overstated. As a more contemporary and less pro-shipper framework, the Hamburg Rules of
1978 came into effect in 1978. Despite the fact that poorer countries quickly adopted the
Hamburg Rules, rich countries stayed faithful to the Hague and Hague-Visby Conventions.
Instead of a Hague/Hamburg agreement, the enormous (96 articles) Rotterdam Rules emerged.
The final text of the Rotterdam Rules was adopted by the United Nations Commission on
International Trade Law in December 2008, with a signing ceremony in Rotterdam scheduled

for September 23, 2009. The Rotterdam Rules were drafted by the UN Commission on
International Trade Law. Signatures were obtained from countries that account for 25 percent of
total global trade volume: the United States, France, Greece, Denmark, Switzerland, and the
Netherlands, to name a few. Following the ceremony at the United Nations headquarters in New
York, attendees were allowed to sign the program book. The World Shipping Council is a major
proponent of the Rotterdam Rules and has been vocal in its support. The Rotterdam Rules were
accepted by the House of Delegates of the American Bar Association in the year 2010. (The
Rotterdam Rules | UNCTAD, 2022).
The most important provisions
A few of the most significant provisions and legal revisions contained in the Rotterdam
Rules are listed below: (Press & Publications, 2022).
Multimodal contracts that do not include a sea leg are not covered by the Rules,
and hence are not subject to their implementation.
Because the carrier is now responsible for the items until they reach their final
destination, it increases the length of time during which carriers are liable for them. (or
vice versa).

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