Carriage of goods by sea rules comparison 海运規則比較.pdfVIP

SCOPE OF APPLICATION HAGUE RULES HAGUE-VISBY RULES HAMBURG RULES NO LIMIT as to application Have MANDATORY provision of application Have MANDATORY provision of application  Art. X: Hague Rules will apply to all BOL  Art. X imposes application of the Rules to  Have very strict restrictive scope of issued in any of the Contracting States BOL for carriage of goods between parts application as its provisions have direct subject to the paramount clause that the in two different states, thereby strictly application only to a contract of carriage contract of carriage is to have effect sanctioning their application to between 2 different states and subject to provisions of the Hague Rules. “international trading” whenever: particularly only on contract of carriage a. A BOL is issued in a contracting state; under which the carrier undertakes on What if a BOL was NOT issued despite • Even w/o a paramount clause, as hire to carry goods by sea from port of 1 Carrier’s acceptance of the goods? long as a BOL is issued by a state to another;  If the shipper was entitled to demand from State that ratified Hague Visby,  Cannot be the subject of legislation for Carrier that a BOL be issued as when the Rules will ipso facto apply. application on domestic trade already contemplated in their contract of • In this case