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中华人民共和国防治船舶污染内河水域环境管理规定 外商参与打捞中国沿海水域沉船沉物管理办法 Maritime 司法解释 法律
HAGUE RULES
INTERNATIONAL CONVENTION FOR THE UNIFICATION
OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING
(“HAGUE RULES”)
(Brussels, 25 August 1924)
The President of the German Republic, the President of the Argentine Republic,
His Majesty the King of the Belgians, the President of the Republic of Chile,
the President of the Republic of Cuba, His Majesty the King of Denmark and
Iceland, His Majesty the King of Spain, the Head of the Estonian State, the
President of the United States of America, the President of the Republic of
Finland, the President of the French Republic, His Majesty the King of the
United Kingdom of Great Britain and Ireland and of the British Dominions beyond
the Seas, Emperor of India, His Most Supreme Highness the Governor of the
Kingdom of Hungary, His Majesty the King of Italy, His Majesty the Emperor of
Japan, the President of the Latvian Republic, the President of the Republic of
Mexico, His Majesty the King of Norway, Her Majesty the Queen of the
Netherlands, the President of the Republic of Peru, the President of the Polish
Republic, the President of the Portuguese Republic, His Majesty the King of
Romania, His Majesty the King of the Serbs, Croats and Slovenes, His Majesty the
King of Sweden, and the President of the Republic of Uruguay,
HAVING RECOGNIZED the utility of fixing by agreement certain uniform rules of
law relating to bills of lading,
HAVE DECIDED to conclude a convention with this object and have appointed the
following Plenipotentiaries:
WHO, duly authorized thereto, have agreed as follows:
Article 1
In this Convention the following words are employed with the meanings set out
below:
(a) "Carrier" includes the owner or the charterer who enters into a contract of
carriage with a shipper.
(b) "Contract of carriage" applies only to contracts of carriage covered by a
bill of lading or any similar document of title, in so far as such document
relates to the carriage of goods by sea, including any bill of lading or any
similar document as aforesaid issued under or pursuant to a charter party from
the moment at which such bill of lading or similar document of title regulates
the relations between a carrier and a holder of the same.
(c) "Goods" includes goods, wares, merchandise and articles of every kind
whatsoever except live animals and cargo which by the contract of carriage in
stated as being carried on deck and is so carried.
(d) "Ship" means any vessel used for the carriage of goods by sea.
(e) "Carriage of goods" covers the period from the time when the goods are
loaded on to the time they are discharged from the ship.
Article 2
Subject to the provisions of Article 6, under every contract of carriage of
goods by sea the carrier, in relation to the loading, handling, stowage,
carriage, custody, care and discharge of such goods, shall be subject to the
responsibilities and liabilities, and entitled to the rights and immunities
hereinafter set forth.
Article 3
1. The carrier shall be bound before and at the beginning of the voyage to
exercise due diligence t
(a) Make the ship seaworthy.
(b) Properly man, equip and supply the ship.
(c) Make the holds, refrigerating and cool chambers, and all other parts of the
ship in which goods are carried, fit and safe for their reception, carriage and
preservation.
2. Subject to the provisions of Article 4, the carrier shall properly and
carefully load, handle, stow, carry, keep, care for, and discharge the goods
carried.
3. After receiving the goods into his charge the carrier or the master or agent
of the carrier shall, on demand of the shipper, issue to the shipper a bill of
lading showing among other things:
(a) The leading marks necessary for identification of the goods as the same are
furnished in writing by the shipper before the loading of such goods starts,
provided such marks are stamped or otherwise shown clearly upon the goods if
uncovered, or on the cases or coverings in which such goods are contained, in
such a manner as should ordinarily remain legible until the end of the voyage.
(b) Either the number of packages or pieces, or the quantity, or weight, as the
case may be, as furnished in writing by the shipper.
(c) The apparent order and condition of the goods.
Provided that no carrier, master or agent of the carrier shall be bound to state
or show in the bill of lading any marks, number, quantity, or weight which he
has reasonable ground for suspecting not accurately to represent the goods
actually received, or which he has had no reasonable means of checking.
4. Such a bill of lading shall be prima facie evidence of the receipt by the
carrier of the goods as therein described in accordance with paragraph 3(a), (b)
and (c).
5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at
the time of shipment of the marks, number, quantity and weight, as furnished by
him, and the shipper shall indemnity the carrier against all loss, damages and
expenses arising or resulting from inaccuracies in such particulars. The right
of the carrier to such indemnity shall in no way limit his responsibility and
liability under the contract of carriage to any person other than the shipper.
6. Unless notice of loss or damage and the general nature of such loss or damage
be given in writing to the carrier or his agent at the port of discharge before
or at the time of the removal of the goods into the custody of the person
entitled to delivery thereof under the contract of carriage, or, if the loss or
damage be not apparent, within three days, such removal shall be prima facie
evidence of the delivery by the carrier of the goods as described in the bill of
lading.
If the loss or damage is not apparent, the notice must be given within three
days of the delivery of the goods.
The notice in writing need not be given if the state of the goods has, at the
time of their receipt, been the subject of joint survey or inspection.
In any event the carrier and the ship shall be discharged from all liability in
respect of loss or damage unless suit is brought within one year after delivery
of the goods or the date when the goods should have been delivered.
In the case of any actual or apprehended loss or damage the carrier and the
receiver shall give all reasonable facilities to each other for inspecting and
tallying the goods.
7. After the goods are loaded the bill of lading to be issued by the carrier,
master, or agent of the carrier, to the shipper shall, if the shipper so
demands, be a "shipped" bill of lading, provided that if the shipper shall have
previously taken up any document of title to such goods, he shall surrender the
same as against the issue of the "shipped" bill of lading, but at the option of
the carrier such document of title may be noted at the port of shipment by the
carrier, master, or agent with the name or names of the ship or ships upon which
the goods have been shipped and the date or dates of shipment, and when so
noted, if it shows the particulars mentioned in paragraph 3 of Article 3, shall
for the purpose of this Article be deemed to constitute a "shipped" bill of
lading.
8. Any clause, covenant, or agreement in a contract of carriage relieving the
carrier or the ship from liability for loss or damage to, or in connexion with,
goods arising from negligence, fault, or failure in the duties and obligations
provided in this Article or lessening such liability otherwise than as provided
in this Convention, shall be null and void and of no effect. A benefit of
insurance in favour of the carrier or similar clause shall be deemed to be a
clause relieving the carrier from liability.
Article 4
1. Neither the carrier nor the ship shall be liable for loss or damage arising
or resulting from unseaworthiness unless caused by want of due diligence on the
part of the carrier to make the ship seaworthy and to secure that the ship is
properly manned, equipped and supplied, and to make the holds, refrigerating and
cool chambers and all other parts of the ship in which goods are carried fit and
safe for their reception, carriage and preservation in accordance with the
provisions of paragraph 1 of Article 3. Whenever loss or damage has resulted
from unseaworthiness the burden of proving the exercise of due diligence shall
be on the carrier or other person claiming exemption under this Article.
2. Neither the carrier nor the ship shall be responsible for loss or damage
arising or resulting from:
(a) Act, neglect, or default of the master, mariner, pilot, or the servants of
the carrier in the navigation or in the management of the ship.
(b) Fire, unless caused by the actual fault or privity of the carrier.
(c) Perils, dangers and accidents of the sea or other navigable waters.
(d) Act of God.
(e) Act of war.
(f) Act of public enemies.
(g) Arrest or restraint or princes, rulers or people, or seizure under legal
process.
(h) Quarantine restrictions.
(i) Act or omission of the shipper or owner of the goods, his agent or
representative.
(j) Strikes or lockouts or stoppage or restraint of labour from whatever cause,
whether partial or general.
(k) Riots and civil commotions.
(l) Saving or attempting to save life or property at sea.
(m) Wastage in bulk or weight or any other loss or damage arising from inherent
defect, quality or vice of the goods.
(n) Insufficiency of packing.
(o) Insufficiency or inadequacy of marks.
(p) Latent defects not discoverable by due diligence.
(q) Any other cause arising without the actual fault or privity of the carrier,
or without the actual fault or neglect of the agents or servants of the carrier,
but the burden of proof shall be on the person claiming the benefit of this
exception to show that neither the actual fault or privity of the carrier nor
the fault or neglect of the agents or servants of the carrier contributed to the
loss or damage.
3. The shipper shall not be responsible for loss or damage sustained by the
carrier or the ship arising or resulting from any cause without the act, fault
or neglect of the shipper, his agents or his servants.
4. Any deviation in saving or attempting to save life or property at sea or any
reasonable deviation shall not be deemed to be an infringement or breach of this
Convention or of the contract of carriage, and the carrier shall not be liable
for any loss or damage resulting therefrom.
5. Neither the carrier nor the ship shall in any event be or become liable for
any loss or damage to or in connexion with goods in an amount exceeding 100
pounds sterling per package or unit, or the equivalent of that sum in other
currency unless the nature and value of such goods have been declared by the
shipper before shipment and inserted in the bill of lading.
This declaration if embodied in the bill of lading shall be prima facie
evidence, but shall not be binding or conclusive on the carrier.
By agreement between the carrier, master or agent of the carrier and the shipper
another maximum amount than that mentioned in this paragraph may be fixed,
provided that such maximum shall not be less than the figure above named.
Neither the carrier nor the ship shall be responsible in any event for loss or
damage to, or in connexion with, goods if the nature or value thereof has been
knowingly misstated by the shipper in the bill of lading.
6. Goods of an inflammable, explosive or dangerous nature to the shipment
whereof the carrier, master or agent of the carrier has not consented with
knowledge of their nature and character, may at any time before discharge be
landed at any place, or destroyed or rendered innocuous by the carrier without
compensation and the shipper of such goods shall be liable for all damage and
expenses directly or indirectly arising out of or resulting from such shipment.
If any such goods shipped with such knowledge and consent shall become a danger
to the ship or cargo, they may in like manner be landed at any place, or
destroyed or rendered innocuous by the carrier without liability on the part of
the carrier except to general average, if any.
Article 5
A carrier shall be at liberty to surrender in whole or in part all or any of his
rights and immunities or to increase any of his responsibilities and obligations
under this Convention, provided such surrender or increase shall be embodied in
the bill of lading issued to the shipper.
The provisions of this Convention shall not be applicable to charter parties,
but if bills of lading are issued in the case of a ship under a charter party
they shall comply with the terms of this Convention. Nothing in these rules
shall be held to prevent the insertion in a bill of lading of any lawful
provision regarding general average.
Article 6
Notwithstanding the provisions of the preceding Articles, a carrier, master or
agent of the carrier and a shipper shall in regard to any particular goods be at
liberty to enter into any agreement in any terms as to the responsibility and
liability of the carrier for such goods, and as to the rights and immunities of
the carrier in respect of such goods, or his obligation as to seaworthiness, so
far as this stipulation is not contrary to public policy, or the care or
diligence of his servants or agents in regard to the loading, handling, stowage,
carriage, custody, care and discharge of the goods carried by sea, provided that
in this case no bill of lading has been or shall be issued and that the terms
agreed shall be embodied in a receipt which shall be a non-negotiable document
and shall be marked as such.
Any agreement so entered into shall have full legal effect.
Provided that this Article shall not apply to ordinary commercial shipments made
in the ordinary course of trade, but only to other shipments where the character
or condition of the property to be carried or the circumstances, terms and
conditions under which the carriage is to be performed are such as reasonably to
justify a special agreement.
Article 7
Nothing herein contained shall prevent a carrier or a shipper from entering into
any agreement, stipulation, condition, reservation or exemption as to the
responsibility and liability of the carrier or the ship for the loss or damage
to, or in connexion with, the custody and care and handling of goods prior to
the loading on, and subsequent to, the discharge from the ship on which the
goods are carried by sea.
Article 8
The provisions of this Convention shall not affect the rights and obligations of
the carrier under any statute for the time being in force relating to the
limitation of the liability of owners of sea-going vessels.
Article 9
The monetary units mentioned in this Convention are to be taken to be gold
value.
Those contracting States in which the pound sterling is not a monetary unit
reserve to themselves the right of translating the sums indicated in this
Convention in terms of pound sterling into terms of their own monetary system in
round figures.
The national laws may reserve to the debtor the right of discharging his debt in
national currency according to the rate of exchange prevailing on the day of the
arrival of the ship at the port of discharge of the goods concerned.
Article 10
The provisions of this Convention shall apply to all bills of lading issued in
any of the contracting States.
Article 11
After an interval of not more than two years from the day on which the
Convention is signed, the Belgian Government shall place itself in communication
with the Governments of the High Contracting Parties which have declared
themselves prepared to ratify the Convention, with a view to deciding whether it
shall be put into force. The ratifications shall be deposited at Brussels at a
date to be fixed by agreement among the said Governments. The first deposit of
ratifications shall be recorded in a procès-verbal signed by the representatives
of the Powers which take part therein and by the Belgian Minister of Foreign
Affairs.
The subsequent deposit of ratifications shall be made by means of a written
notification, addressed to the Belgian Government and accompanied by the
instrument of ratification.
A duly certified copy of the procès-verbal relating to the first deposit of
ratifications, of the notifications referred to in the previous paragraph, and
also of the instruments of ratification accompanying them, shall be immediately
sent by the Belgian Government through the diplomatic channel to the Powers who
have signed this Convention or who have acceded to it. In the cases contemplated
in the preceding paragraph, the said Government shall inform them at the same
time of the date on which it received the notification.
Article 12
Non-signatory States may accede to the present Convention whether or not they
have been represented at the International Conference at Brussels.
A State which desires to accede shall notify its intention in writing to the
Belgian Government, forwarding to it the document of accession, which shall be
deposited in the archives of the said Government.
The Belgian Government shall immediately forward to all the States which have
signed or acceded to the Convention a duly certified copy of the notification
and of the act of accession, mentioning the date on which it received the
notification.
Article 13
The High Contracting Parties may at the time of signature, ratification or
accession declare that their acceptance of the present Convention does not
include any or all of the self-governing dominions, or of the colonies, overseas
possessions, protectorates or territories under their sovereignty or authority,
and they may subsequently accede separately on behalf of any self-governing
dominion, colony, overseas possession, protectorate or territory excluded in
their declaration. They may also denounce the Convention separately in
accordance with its provisions in respect of any self-governing dominion, or any
colony, overseas possession, protectorate or territory under their sovereignty
or authority.
Article 14
The present Convention shall take effect, in the case of the States which have
taken part in the first deposit of ratifications, one year after the date of the
protocol recording such deposit.
As respects the States which ratify subsequently or which accede, and also in
cases in which the Convention is subsequently put into effect in accordance with
Article 13, it shall take effect six months after the notifications specified in
paragraph 2 of Article 11 and paragraph 2 of Article 12 have been received by
the Belgian Government.
Article 15
In the event of one of the contracting States wishing to denounce the present
Convention, the denunciation shall be notified in writing to the Belgian
Government, which shall immediately communicate a duly certified copy of the
notification to all the other States, informing them of the date on which it was
received.
The denunciation shall only operate in respect of the State which made the
notification, and on the expiry of one year after the notification has reached
the Belgian Government.
Article 16
Any one of the contracting States shall have the right to call for a fresh
conference with a view to considering possible amendments.
A State which would exercise this right should notify its intention to the other
States through the Belgian Government, which would make arrangements for
convening the Conference.
DONE at Brussels, in a single copy, August 25th, 1924.
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