The Hague—Visby Rules is a set of international rules for the international carriage of goods by sea. They are a slightly updated version of the original Hague Rules which were drafted in Brussels in However, the Hague and Hague—Visby Rules were hardly a charter of new protections for cargo-owners; the English common law prior to provided more protection for cargo-owners, and imposed more liabilities upon "common carriers". A final amendment was made in the SDR Protocol in The Hague—Visby Rules were incorporated into English law by the Carriage of Goods by Sea Act ; and English lawyers should note the provisions of the statute as well as the text of the rules.
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Article II 1 Article 4, paragraph 5 a of the Convention is replaced by the following: " a Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding The amounts mentioned in sub-paragraph a of this paragraph shall be converted into national currency on the basis of the value of that currency on a date to be determined by the law of the Court seized of the case.
The value of the national currency, in terms of the Special Drawing Right, of a State which is a member of the International Monetary Fund, shall 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 the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State. Nevertheless, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of the preceding sentences may, at the time of ratification of the Protocol of or accession thereto or at any time thereafter, declare that the limits of liability provided for in this Convention to be applied in its territory shall be fixed as follows: i in respect of the amount of The monetary unit referred to in the preceding sentence corresponds to The conversion of the amounts specified in that sentence into the national currency shall be made according to the law of the State concerned.
The calculation and the conversion mentioned in the preceding sentences shall be made in such a manner as to express in the national currency of the State as far as possible the same real value for the amounts in sub-paragraph a of paragraph 5 of this Article as is expressed there in units of account.
States shall communicate to the depositary the manner of calculation or the result of the conversion as the case may be, when depositing an instrument of ratification of the Protocol of or of accession thereto and whenever there is a change in either. If within six months from the date of the request for arbitration the Parties are unable to agree on the organisation of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
Article IV 1 Each Contracting Party may at the time of signature or ratification of this Protocol or of accession thereto, declare that it does not consider itself bound by Article III. Article V This Protocol shall be open for signature by the States which have signed the Convention of 25 August or the Protocol of 23 February or which are Parties to the Convention.
Article VI 1 This Protocol shall be ratified. Article VIII 1 This Protocol shall come into force three months after the date of the deposit of five instruments of ratification or accession. Article X 1 Each State may at the time of signature, ratification or accession or at any time thereafter declare by written notification to the Belgian Government which among the territories for whose international relations it is responsible, are those to which the present Protocol applies.
The Protocol shall three months after the date of the receipt of such notification by the Belgian Government extend to the territories named therein, but not before the date of the coming into force of the Protocol in respect of such State. This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government.
The notifications with regard to the territorial application in accordance with Article X. The declarations and communications made in accordance with Article II. The declarations made in accordance with Article IV. The denunciations received in accordance with Article IX.
DONE at Brussels, this 21st day of December , in the English and French languages, both texts being equally authentic, in a single copy, which shall remain deposited in the archives of the Belgian Government, which shall issue certified copies.