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Convenzione delle Nazioni Unite sul trasporto di merce per mare, firmata ad Amburgo il 30 marzo 1978 (Regole di Amburgo) United Nations Convention on the Carriage
of Goods by Sea (Hamburg, 30 March 1978) PART I - GENERAL PROVISIONS Article
1 - Definitions PART II - LIABILITY OF THE CARRIER Article
4 - Period of responsibility PART III - LIABILITY OF THE SHIPPER Article
12 - General rule PART IV - TRANSPORT DOCUMENTS Article
14 - Issue of bill of lading PART V - CLAIMS AND ACTIONS Article
19 - Notice of loss, damage or delay PART VI - SUPPLEMENTARY PROVISIONS Article
23 - Contractual stipulations PART VII - FINAL CLAUSES Article
27 - Depositary
The States Parties to this Convention, Having recognised the desirability of determining by agreement certain rules relating to the carriage of goods by sea, Have decided to conclude a Convention for this purpose and have thereto agreed as follows: In this Convention: 1 . "Carrier" means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper. 2 . "Actual carrier" means any person to whom the performance of the carriage of the goods, or of part of the carriage, has been entrusted by the carrier, and includes any other person to whom such performance has been entrusted. 3 . "Shipper" means any person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier, or any person by whom or in whose name or on whose behalf the goods are actually delivered to the carrier in relation to the contract of carriage by sea. 4 . "Consignee" means the person entitled to take delivery of the goods. 5 . "Goods" includes live animals; where the goods are consolidated in a container, pallet or similarArticle of transport or where they are packed, "goods" includes suchArticle of transport or packaging if supplied by the shipper. 6 . "Contract of carriage by sea" means any contract whereby the carrier undertakes against payment of freight to carry goods by sea from one port to another; however, a contract which involves carriage by sea and also carriage by some other means is deemed to be a contract of carriage by sea for the purposes of this Convention only in so far as it relates to the carriage by sea. 7 . "Bill of lading" means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of a named person, or to order, or to bearer, constitutes such an undertaking. 8 . "Writing" includes, inter alia, telegram and telex. Article 2 - Scope of
application 1 . The provisions of this Convention are applicable to all contracts of carriage by sea between two different States, if:
3 . The provisions of this Convention are not applicable to charter-parties. However, where a bill of lading is issued pursuant to a charter-party, the provisions of the Convention apply to such a bill of lading if it governs the relation between the carrier and the holder of the bill of lading, not being the charterer. 4 . If a contract provides for future carriage of goods in a series of shipments during an agreed period, the provisions of this Convention apply to each shipment. However, where a shipment is made under a charter-party, the provisions of paragraph 3 of thisArticle apply. Article 3 - Interpretation of
the Convention In the interpretation and application of the provisions of this Convention regard shall be had to its international character and to the need to promote uniformity. PART II - LIABILITY OF THE
CARRIER Article 4 - Period of
responsibility 1 . The responsibility of the carrier for the goods under this Convention covers the period during which the carrier is in charge of the goods at the port of loading, during the carriage and at the port of discharge. 2 . For the purpose of paragraph 1 of thisArticle, the carrier is deemed to be in charge of the goods
Article 5 - Basis of liability
1 . The carrier is liable for loss resulting from loss of or damage to the goods, as well as from delay in delivery, if the occurrence which caused the loss, damage or delay took place while the goods were in his charge as defined inArticle 4, unless the carrier proves that he, his servants or agents took all measures that could reasonably be required to avoid the occurrence and its consequences. 2 . Delay in delivery occurs when the goods have not been delivered at the port of discharge provided for in the contract of carriage by sea within the time expressly agreed upon or, in the absence of such agreement, within the time which it would be reasonable to require of a diligent carrier, having regard to the circumstances of the case. 3 . The person entitled to make a claim for the loss of goods may treat the goods as lost if they have not been delivered as required by article 4 within 60 consecutive days following the expiry of the time for delivery according to paragraph 2 of thisArticle. 4 . (a) The carrier is liable
6 . The carrier is not liable, except in general average, where loss, damage or delay in delivery resulted from measures to save life or from reasonable measures to save property at sea. 7 . Where fault or neglect on the part of the carrier, his servants or agents combines with another cause to produce loss, damage or delay in delivery the carrier is liable only to the extent that the loss, damage or delay in delivery is attributable to such fault or neglect, provided that the carrier proves the amount of the loss, damage or delay in delivery not attributable thereto. Article 6 - Limits of liability
1 . (a) The liability of the carrier for loss resulting from loss of or damage to goods according to the provisions ofArticle 5 is limited to an amount equivalent to 835 units of account per package or other shipping unit or 2.5 units of account per kilogram of gross weight of the goods lost or damaged, whichever is the higher.
4 . By agreement between the carrier and the shipper, limits of liability exceeding those provided for in paragraph 1 may be fixed. Article 7 - Application to non
- contractual claims 1 . The defences and limits of liability provided for in this Convention apply in any action against the carrier in respect of loss or damage to the goods covered by the contract of carriage by sea, as well as of delay in delivery whether the action is founded in contract, in tort or otherwise. 2 . If such action is brought against a servant or agent of the carrier, such servant or agent, if he proves that he acted within the scope of his employment, is entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under this Convention. 3 . Except as provided in Article 8, the aggregate of the amounts recoverable from the carrier and from any persons referred to in paragraph 2 of this Article shall not exceed the limits of liability provided for in this Convention. Article 8 - Loss of right to
limit responsibility 1 . The carrier is not entitled to the benefit of the limitation of liability provided for in Article 6 if it is proved that the loss, damage or delay in delivery resulted from an act or omission of the carrier done with the intent to cause such loss, damage or delay, or recklessly and with knowledge that such loss, damage or delay would probably result. 2 . Notwithstanding the provisions of paragraph 2 ofArticle 7, a servant or agent of the carrier is not entitled to the benefit of the limitation of liability provided for inArticle 6 if it is proved that the loss, damage or delay in delivery resulted from an act or omission of such servant or agent, done with the intent to cause such loss, damage or delay, or recklessly and with knowledge that such loss, damage or delay would probably result. 1 . The carrier is entitled to carry the goods on deck only if such carriage is in accordance with an agreement with the shipper or with the usage of the particular trade or is required by statutory rules or regulations. 2 . If the carrier and the shipper have agreed that the goods shall or may be carried on deck, the carrier must insert in the bill of lading or other document evidencing the contract of carriage by sea a statement to that effect. In the absence of such statement the carrier has the burden of proving that an agreement for carriage on deck has been entered into; however, the carrier is not entitled to invoke such an agreement against a third party, including a consignee, who has acquired the bill of lading in good faith. 3 . Where the goods have been carried on deck contrary to the provisions of paragraph 1 of thisArticle or where the carrier may not under paragraph 2 of this Article invoke an agreement for carriage on deck, the carrier, notwithstanding the provisions of paragraph 1 of article 5, is liable for loss of or damage to the goods, as well as for delay in delivery, resulting solely from the carriage on deck, and the extent of his liability is to be determined in accordance with the provisions of Article 6 or Article 8 of this Convention, as the case may be. 4 . Carriage of goods on deck contrary to express agreement for carriage under deck is deemed to be an act or omission of the carrier within the meaning of Article 8. Article 10 - Liability of the
carrier and actual carrier 1 . Where the performance of the carriage or part thereof has been entrusted to an actual carrier, whether or not in pursuance of a liberty under the contract of carriage by sea to do so, the carrier nevertheless remains responsible for the entire carriage according to the provisions of this Convention. The carrier is responsible, in relation to the carriage performed by the actual carrier, for the acts and omissions of the actual carrier and of his servants and agents acting within the scope of their employment. 2 . All the provisions of this Convention governing the responsibility of the carrier also apply to the responsibility of the actual carrier for the carriage performed by him. The provisions of paragraphs 2 and 3 ofArticle 7 and of paragraph 2 ofArticle 8 apply if an action is brought against a servant or agent of the actual carrier. 3 . Any special agreement under which the carrier assumes obligations not imposed by this Convention or waives rights conferred by this Convention affects the actual carrier only if agreed to by him expressly and in writing. Whether or not the actual carrier has so agreed, the carrier nevertheless remains bound by the obligations or waivers resulting from such special agreement. 4 . Where and to the extent that both the carrier and the actual carrier are liable, their liability is joint and several. 5 . The aggregate of the amounts recoverable from the carrier, the actual carrier and their servants and agents shall not exceed the limits of liability provided for in this Convention. 6 . Nothing in thisArticle shall prejudice any right of recourse as between the carrier and the actual carrier. 1 . Notwithstanding the provisions of paragraph 1 ofArticle 10, where a contract of carriage by sea provides explicitly that a specified part of the carriage covered by the said contract is to be performed by a named person other than the carrier, the contract may also provide that the carrier is not liable for loss, damage or delay in delivery caused by an occurrence which takes place while the goods are in the charge of the actual carrier during such part of the carriage. Nevertheless, any stipulation limiting or excluding such liability is without effect if no judicial proceedings can be instituted against the actual carrier in a court competent under paragraph 1 or 2 of article 21. The burden of proving that any loss, damage or delay in delivery has been caused by such an occurrence rests upon the carrier. 2 . The actual carrier is responsible in accordance with the provisions of paragraph 2 ofArticle 10 for loss, damage or delay in delivery caused by an occurrence which takes place while the goods are in his charge. PART III - LIABILITY OF THE
SHIPPER The shipper is not liable for loss sustained by the carrier or the actual carrier, or for damage sustained by the ship, unless such loss or damage was caused by the fault or neglect of the shipper, his servants or agents. Nor is any servant or agent of the shipper liable for such loss or damage unless the loss or damage was caused by fault or neglect on his part. Article 13 - Special rules on
dangerous goods 1 . The shipper must mark or label in a suitable manner dangerous goods as dangerous. 2 . Where the shipper hands over dangerous goods to the carrier or an actual carrier, as the case may be, the shipper must inform him of the dangerous character of the goods and, if necessary, of the precautions to be taken. If the shipper fails to do so and such carrier or actual carrier does not otherwise have knowledge of their dangerous character:
4 . If, in cases where the provisions of paragraph 2, subparagraph (b), of this Article do not apply or may not be invoked, dangerous goods become an actual danger to life or property, they may be unloaded, destroyed or rendered innocuous, as the circumstances may require, without payment of compensation except where there is an obligation to contribute in general average or where the carrier is liable in accordance with the provisions of Article 5. Article 14 - Issue of bill of
lading 1 . When the carrier or the actual carrier takes the goods in his charge, the carrier must, on demand of the shipper, issue to the shipper a bill of lading. 2 . The bill of lading may be signed by a person having authority from the carrier. A bill of lading signed by the master of the ship carrying the goods is deemed to have been signed on behalf of the carrier. 3 . The signature on the bill of lading may be in handwriting, printed in facsimile, perforated, stamped, in symbols, or made by any other mechanical or electronic means, if no inconsistent with the law of the country where the bill of lading is issued. Article 15 - Contents of bill
of lading 1 . The bill of lading must include, inter alia, the following particulars:
3 . The absence in the bill of lading of one or more particulars referred to in thisArticle does not affect the legal character of the document as a bill of lading provided that it nevertheless meets the requirements set out in paragraph 7 ofArticle 1. Article 16 - Bills of lading:
reservations and evidentiary effect 1 . If the bill of lading contains particulars concerning the general nature, leading marks, number of packages or pieces, weight or quantity of the goods which the carrier or other person issuing the bill of lading on his behalf knows or has reasonable grounds to suspect do not accurately represent the goods actually taken over or, where a "shipped" bill of lading is issued, loaded, or if he had no reasonable means of checking such particulars, the carrier or such other person must insert in the bill of lading a reservation specifying these inaccuracies, grounds of suspicion or the absence of reasonable means of checking. 2 . If the carrier or other person issuing the bill of lading on his behalf fails to note on the bill of lading the apparent condition of the goods, he is deemed to have noted on the bill of lading that the goods were in apparent good condition. 3 . Except for particulars in respect of which and to the extent to which a reservation permitted under paragraph 1 of thisArticle has been entered:
Article 17 - Guarantees by
the shipper 1 . The shipper is deemed to have guaranteed to the carrier the accuracy of particulars relating to the general nature of the goods, their marks, number, weight and quantity as furnished by him for insertion in the bill of lading. The shipper must indemnify the carrier against the loss resulting from inaccuracies in such particulars. The shipper remains liable even if the bill of lading has been transferred by him. The right of the carrier to such indemnity in no way limits his liability under the contract of carriage by sea to any person other than the shipper. 2 . Any letter of guarantee or agreement by which the shipper undertakes to indemnify the carrier against loss resulting from the issuance of the bill of lading by the carrier, or by a person acting on his behalf, without entering a reservation relating to particulars furnished by the shipper for insertion in the bill of lading, or to the apparent condition of the goods, is void and of no effect as against any third party, including a consignee, to whom the bill of lading has been transferred. 3 . Such letter of guarantee or agreement is valid as against the shipper unless the carrier or the person acting on his behalf, by omitting the reservation referred to in paragraph 2 of thisArticle, intends to defraud a third party, including a consignee, who acts in reliance on the description of the goods in the bill of lading. In the latter case, if the reservation omitted relates to particulars furnished by the shipper for insertion in the bill of lading, the carrier has no right of indemnity from the shipper pursuant to paragraph 1 of thisArticle. 4 . In the case of intended fraud referred to in paragraph 3 of this article the carrier is liable, without the benefit of the limitation of liability provided for in this Convention, for the loss incurred by a third party, including a consignee, because he has acted in reliance on the description of the goods in the bill of lading. Article 18 - Documents other
than bills of lading Where a carrier issues a document other than a bill of lading to evidence the receipt of the goods to be carried, such a document is prima facie evidence of the conclusion of the contract of carriage by sea and the taking over by the carrier of the goods as therein described. Article 19 - Notice of loss,
damage or delay 1 . Unless notice of loss or damage, specifying the general nature of such loss or damage, is given in writing by the consignee to the carrier not later than the working day after the day when the goods were handed over to the consignee, such handing over is prima facie evidence of the delivery by the carrier of the goods as described in the document of transport or, if no such document has been issued, in good condition. 2 . Where the loss or damage is not apparent, the provisions of paragraph 1 of thisArticle apply correspondingly if notice in writing is not given within 15 consecutive days after the day when the goods were handed over to the consignee. 3 . If the state of the goods at the time they were handed over to the consignee has been the subject of a joint survey or inspection by the parties, notice in writing need not be given of loss or damage ascertained during such survey or inspection. 4 . In the case of any actual or apprehended loss or damage the carrier and the consignee must give all reasonable facilities to each other for inspecting and tallying the goods. 5 . No compensation shall be payable for loss resulting from delay in delivery unless a notice has been given in writing to the carrier within 60 consecutive days after the day when the goods were handed over to the consignee. 6 . If the goods have been delivered by an actual carrier, any notice given under thisArticle to him shall have the same effect as if it had been given to the carrier, and any notice given to the carrier shall have effect as if given to such actual carrier. 7 . Unless notice of loss or damage, specifying the general nature of the loss or damage, is given in writing by the carrier or actual carrier to the shipper not later than 90 consecutive days after the occurrence of such loss or damage or after the delivery of the goods in accordance with paragraph 2 ofArticle 4, whichever is later, the failure to give such notice is prima facie evidence that the carrier or the actual carrier has sustained no loss or damage due to the fault or neglect of the shipper, his servants or agents. 8 . For the purpose of thisArticle, notice given to a person acting on the carrier's or the actual carriers' behalf, including the master or the officer in charge of the ship, or to a person acting on the shipper's behalf is deemed to have been given to the carrier, to the actual carrier or to the shipper, respectively. Article 20 - Limitation of
actions 1 . Any action relating to carriage of goods under this Convention is time-barred if judicial or arbitral proceedings have not been instituted within a period of two years. 2 . The limitation period commences on the day on which the carrier has delivered the goods or part thereof or, in cases where no goods have been delivered, on the last day on which the goods should have been delivered. 3 . The day on which the limitation period commences is not included in the period. 4 . The person against whom a claim is made may at any time during the running of the limitation period extend that period by a declaration in writing to the claimant. This period may be further extended by another declaration or declarations. 5 . An action for indemnity by a person held liable may be instituted even after the expiration of the limitation period provided for in the preceding paragraphs if instituted within the time allowed by the law of the State where proceedings are instituted. However, the time allowed shall not be less than 90 days commencing from the day when the person instituting such action for indemnity has settled the claim or has been served with process in the action against himself. 1 . In judicial proceedings relating to carriage of goods under this Convention the plaintiff, at his option, may institute an action in a court which, according to the law of the State where the court is situated, is competent and within the jurisdiction of which is situated one of the following places:
4 . (a) Where an action has been instituted in a court competent under paragraph i or 2 of thisArticle or where judgement has been delivered by such a court, no new action may be started between the same parties on the same grounds unless the judgement of the court before which the first action instituted is not enforceable in the country in which the new proceedings are instituted.
1 . Subject to the provisions of thisArticle, parties may provide by agreement evidenced in writing that any dispute that may arise relating to carriage of goods under this Convention shall be referred to arbitration. 2 . Where a charter-party contains a provision that disputes arising thereunder shall be referred to arbitration and a bill of lading issued pursuant to the charterparty does not contain a special annotation providing that such provision shall be binding upon the holder of the bill of lading, the carrier may not invoke such provision as against a holder having acquired the bill of lading in good faith. 3 . The arbitration proceedings shall, at the option of the claimant, be instituted at one of the following places:
5 . The provisions of paragraph 3 and 4 of this Article are deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith is null and void. 6 . Nothing in thisArticle affects the validity of an agreement relating to arbitration made by the parties after the claim under the contract of carriage by sea has arisen. PART VI - SUPPLEMENTARY
PROVISIONS Article 23 - Contractual
stipulations 1 . Any stipulation in a contract of carriage by sea, in a bill of lading, or in any other document evidencing the contract of carriage by sea is null and void to the extent that it derogates, directly or indirectly, from the provisions of this Convention. The nullity of such a stipulation does not affect the validity of the other provisions of the contract or document of which it forms a part. A clause assigning benefit of insurance of the goods in favour of the carrier, or any similar clause, is null and void. 2 . Notwithstanding the provisions of paragraph 1 of thisArticle, a carrier may increase his responsibilities and obligations under this Convention. 3 . Where a bill of lading or any other document evidencing the contract of carriage by sea is issued, it must contain a statement that the carriage is subject to the provisions of this Convention which nullify any stipulation derogating therefrom to the detriment of the shipper or the consignee. 4 . Where the claimant in respect of the goods has incurred loss as a result of a stipulation which is null and void by virtue of the presentArticle, or as a result of the omission of the statement referred to in paragraph 3 of thisArticle, the carrier must pay compensation to the extent required in order to give the claimant compensation in accordance with the provisions of this Convention for any loss of or damage to the goods as well as for delay in delivery. The carrier must, in addition pay compensation for costs incurred by the claimant for the purpose of exercising his right, provided that costs incurred in the action where the foregoing provision is invoked are to be determined in accordance with the law of the State where proceedings are instituted. 1 . Nothing in this Convention shall prevent the application of provisions in the contract of carriage by sea or national law regarding the adjustment of general average. 2 . With the exception ofArticle 20, the provisions of this Convention relating to the liability of the carrier for loss of or damage to the goods also determine whether the consignee may refuse contribution in general average and the liability of the carrier to indemnify the consignee in respect of any such contribution made or any salvage paid. Article 25 - Other conventions
1 . This Convention does not modify the rights or duties of the carrier, the actual carrier and their servants and agents, provided for in international conventions or national law relating to the limitation of liability of owners of seagoing ships. 2 . The provisions ofArticles 21 and 22 of this Convention do not prevent the application of the mandatory provisions of any other multilateral convention already in force at the date of this Convention relating to matters dealt with in the saidArticles, provided that the dispute arises exclusively between parties having their principal place of business in States members of such other convention. However, this paragraph does not affect the application of paragraph 4 ofArticle 22 of this Convention. 3 . No liability shall arise under the provisions of this Convention for damage caused by a nuclear incident if the operator of a nuclear installation is liable for such damage:
5 . Nothing contained in this Convention prevents a Contracting State from applying any other international convention which is already in force at the date of this Convention and which applies mandatorily to contracts of carriage of goods primarily by a mode of transport other than transport by sea. This provision also applies to any subsequent revision or amendment of such international convention. l. The unit of account referred to inArticle 6 of this Convention is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned inArticle 6 are to be converted into the national currency of a State according to the value of such currency at the date of judgement or the date agreed upon by the parties. The value of a national currency, in terms of the Special Drawing Right, of a Contracting State which is a member of the International Monetary Fund is to be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions. The value of a national currency in terms of the Special Drawing Right of a Contracting State which is not a member of the International Monetary Fund is to be calculated in a manner determined by that State. 2 . Nevertheless, those States which are not members of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph i of thisArticle may, at the time of signature, or at the time of ratification, acceptance, approval or accession or at any time thereafter, declare that the limits of liability provided for in this Convention to be applied in their territories shall be fixed as: 12,500 monetary units per package or other shipping unit or 37.5 monetary units per kilogram of gross weight of the goods. 3 . The monetary unit referred to in paragraph 2 of thisArticle corresponds to sixty-five and a half milligrams of gold of millesimal fineness nine hundred. The conversion of the amounts referred to in paragraph 2 into the national currency is to be made according to the law of the State concerned. 4 . The calculation mentioned in the last sentence of paragraph I and the conversion mentioned in paragraph 3 of thisArticle is to be made in such a manner as to express in the national currency of the Contracting State as far as possible the same real value for the amounts inArticle 6 as is expressed there in units of account. Contracting States must communicate to the depositary the manner of calculation pursuant to paragraph 1 of thisArticle, or the result of the conversion mentioned in paragraph 3 of thisArticle, as the case may be, at the time of signature or when depositing their instruments of ratification, acceptance, approval or accession, or when availing themselves of the option provided for in paragraph 2 of thisArticle and whenever there is a change in the manner of such calculation or in the result of such conversion. The Secretary-General of the United Nations is hereby designated as the depositary of this Convention. Article 28 - Signature,
ratification, acceptance, approval, accession 1 . This Convention is open for signature by all States until 30 April 1979 at the Headquarters of the United Nations, New York. 2 . This Convention is subject to ratification, acceptance or approval by the signatory States. 3 . After 30 April 1979, this Convention will be open for accession by all States which are not signatory States. 4 . Instruments of ratification, acceptance, approval and accession are to be deposited with the Secretary-General of the United Nations. No reservations may be made to this Convention. 1 . This Convention enters into force on the first day of the month following the expiration of one year from the date of deposit of the 20th instrument of ratification, acceptance, approval or accession. 2 . For each State which becomes a Contracting State to this Convention after the date of the deposit of the 20th instrument of ratification, acceptance, approval or accession, this Convention enters into force on the first day of the month following the expiration of one year after the deposit of the appropriate instrument on behalf of that State. 3 . Each Contracting State shall apply the provisions of this Convention to contracts of carriage by sea concluded on or after the date of the entry into force of this Convention in respect of that State. Article 31 - Denunciation of
other conventions 1 . Upon becoming a Contracting State to this Convention, any State party to the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25 August 1924 (1924 Convention) must notify the Government of Belgium as the depositary of the 1924 Convention of its denunciation of the said Convention with a declaration that the denunciation is to take effect as from the date when this Convention enters into force in respect of that State. 2 . Upon the entry into force of this Convention under paragraph 1 of article 30, the depositary of this Convention must notify the Government of Belgium as the depositary of the 1924 Convention of the date of such entry into force, and of the names of the Contracting States in respect of which the Convention has entered into force. 3 . The provisions of paragraphs 1 and 2 of thisArticle apply correspondingly in respect of States parties to the Protocol signed on 23 February 1968 to amend the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25 August 1924. 4 . NotwithstandingArticle 2 of this Convention, for the purposes of paragraph 1 of thisArticle, a Contracting State may, if it deems it desirable, defer the denunciation of the 1924 Convention and of the 1924 Convention as modified by the 1968 Protocol for a maximum period of five years from the entry into force of this Convention. It will then notify the Government of Belgium of its intention. During this transitory period, it must apply to the Contracting States this Convention to the exclusion of any other one. Article 32 - Revision and
amendment 1 . At the request of not less than one-third of the Contracting States to this Convention, the depositary shall convene a conference of the Contracting States for revising or amending it. 2 . Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention, is deemed to apply to the Convention as amended. Article 33 - Revision of the
limitation amounts and unit of account or monetary unit 1 . Notwithstanding the provisions ofArticle 32, a conference only for the purpose of altering the amount specified inArticle 6 and paragraph 2 ofArticle 26, or of substituting either or both of the units defined in paragraphs 1 and 3 ofArticle 26 by other units is to be convened by the depositary in accordance with paragraph 2 of this article. An alteration of the amounts shall be made only because of a significant change in their real value. 2 . A revision conference is to be convened by the depositary when not less than one-fourth of the Contracting States so request. 3 . Any decision by the conference must be taken by a two-thirds majority of the participating States. The amendment is communicated by the depositary to all the Contracting States for acceptance and to all the States signatories of the Convention for information. 4 . Any amendment adopted enters into force on the first day of the month following one year after its acceptance by two-thirds of the Contracting States. Acceptance is to be effected by the deposit of a formal instrument to that effect, with the depositary. 5 . After entry into force of an amendment a Contracting State which has accepted the amendment is entitled to apply the Convention as amended in its relations with Contracting States which have not within six months after the adoption of the amendment notified the depositary that they are not bound by the amendment. 6 . Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention, is deemed to apply to the Convention as amended. 1 . A Contracting State may denounce this Convention at any time by means of a notification in writing addressed to the depositary. 2 . The denunciation takes effect on the first day of the month following the expiration of one year after the notification is received by the depositary. Where a longer period is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary. Done at Hamburg, this thirty-first day of March one thousand nine hundred and seventy-eight, in a single original, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic. In witness whereof the undersigned plenipotentiaries, being duly authorised by their respective Governments, have signed the present Convention.
Common understanding adopted by the United
Nations Conference on theCarriage of Goods by Sea It is the common understanding that the liability of the carrier under this Convention is based on the principle of presumed fault or neglect. This means that, as a rule, the burden of proof rests on the carrier but, with respect to certain cases, the provisions of the Convention modify this rule.
Resolution adopted by the United Nations
Conference on the Carriage of Goods by Sea The United Nations Conference on the Carriage of Goods by Sea, Noting with appreciation the kind invitation of the Federal Republic of Germany to hold the Conference in Hamburg, Being aware that the facilities placed at the disposal of the Conference and the generous hospitality bestowed on the participants by the Government of the Federal Republic of Germany and by the Free and Hanseatic City of Hamburg, have in no small measure contributed to the success of the Conference. Expresses its gratitude to the Government and people of the Federal Republic of Germany, and Having adopted the Convention on the Carriage of Goods by Sea on the basis of a draft Convention prepared by the United Nations Commission on International Trade Law at the request of the United Nations Conference on Trade and Development, Expresses its gratitude to the United Nations Commission on International Trade Law and to the United Nations Conference on Trade and Development for their outstanding contribution to the simplification and harmonisation of the law of the carriage of goods by sea, and Decides to designate the Convention adopted by the Conference as the: "UNITED NATIONS CONVENTION ON THE CARRIAGE OF GOODS BY SEA, 1978", and Recommends that the rules embodied therein be known as the "HAMBURG RULES". |
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