Lloyd's Maritime and Commercial Law Quarterly
RECOMMENDATIONS RELATING TO THE REVISION OF THE HAGUE RULES
The Comité Maritime International, at its 30th International Conference held at Hamburg, passed, by a substantial majority, a number of recommendations as set out below, relating to the revision of the Hague Rules:
[I]
Considering
— that further amendments to the Hague Rules beyond those included in the 1968 Protocol are warranted,
— that it will necessarily require some time before international agreement to further amendments can be achieved, and
— the urgent need of international commerce to obtain the benefit of the 1968 Protocol, the CMI
RECOMMENDS that the 1968 Protocol be ratified as soon as possible.
[II]
PERIOD OF RESPONSIBILITY
Considering
— that in principle the period of liability should cover the entire period whilst the goods are in the custody of the carrier, an extension of the carrier’s responsibility beyond the present period covered by the Hague Rules (“tackle to tackle”) is required, the CMI
RECOMMENDS that the period of responsibility be extended to cover the period during which the goods are in the custody of the carrier at the port of loading, during the carriage, and at the port of discharge, provided, however, that, in particular, the goods shall not be deemed to be in the custody of the carrier
— at the port of loading
prior to actual receipt by the carrier for shipment
or
— at the port of discharge
if the goods, according to law or usage, have been handed over to an authority or to an appropriate third party that cannot be controlled by the carrier.
[III]
BASIS OF LIABILITY
1. Considering
— that the expression “management of the ship” has proved difficult to interpret and has therefore given rise to much litigation, and
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