Comparison Beween Hague,Hague-Visby,Hamburgh and Rotterdam Rules
Comparison Beween Hague,Hague-Visby,Hamburgh and Rotterdam Rules
| Feature | Hague Rules (1924) | Hague-Visby Rules (1968/1979) | Hamburg Rules (1978) | Rotterdam Rules (2008) |
|---|---|---|---|---|
| Scope of Application | Only “bill of lading” for international shipments. | Covers “bills of lading” and similar transport documents. | Applies to all contracts of carriage (including non-BoL docs). | Broadest scope: covers all contracts, electronic records, and multimodal transport (if maritime leg is dominant). |
| Carrier’s Liability Basis | Fault-based (carrier liable only if negligent). | Similar to Hague Rules with minor adjustments. | Strict liability (carrier liable unless proving all reasonable measures taken). | Modified fault-based system (carrier liable unless proving no fault). |
| Period of Responsibility | “Tackle to Tackle” (loading to discharge). | Same as Hague Rules. | “Port to Port” (receipt to delivery at port). | “Door-to-Door” (entire transport period, including land legs if part of contract). |
| Limitation of Liability | £100 per package or unit. | 666.67 SDR per package or 2 SDR per kg, whichever is higher. | 835 SDR per package or 2.5 SDR per kg, whichever is higher. | 875 SDR per package or 3 SDR per kg, whichever is higher. |
| Defenses for Carrier | Broad (nautical fault, fire exemption). | Similar to Hague Rules. | Fewer defenses (no nautical fault exemption). | More balanced defenses, but excludes “nautical fault” exemption. |
| Time Bar for Claims | 1 year from delivery. | 1 year (same as Hague). | 2 years from delivery. | 2 years (extendable by agreement). |
| Notice of Loss/Damage | 3 days (apparent damage). | Same as Hague. | 15 days (non-apparent damage). | 7 days (apparent), 21 days (non-apparent). |
| Effect on Third Parties | Only shipper-carrier relationship. | Extends to some third parties (e.g., actual carriers). | Broader third-party application. | Explicitly covers performing parties (subcontractors). |
| Electronic Documentation | No provision. | No provision. | No provision. | Explicitly recognizes e-documents (e-BoLs). |
| Adoption & Popularity | Outdated but historically significant. | Most widely adopted (amended Hague Rules). | Limited (mostly developing nations). | Not widely ratified yet (only a few countries). |
Key Observations:
- Hague-Visby Rules remain the most widely used, balancing carrier and shipper interests.
- Hamburg Rules favor cargo owners but lack global acceptance.
- Rotterdam Rules are the most modern, covering e-docs and multimodal transport, but adoption is slow.
- Liability limits increase progressively from Hague → Hague-Visby → Hamburg → Rotterdam.
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