Rotterdam Rules

The "Rotterdam Rules" (formally, the United Nations Convention on Contracts for the International
Carriage of Goods Wholly or Partly by Sea) is a treaty proposing new international rules to revise
the legal framework for maritime affreightment and carriage of goods by sea. The Rules primarily
address the legal relationship between carriers and cargo-owners.

The aim of the convention is to extend and modernize existing international rules and achieve
uniformity of International trade law in the field of maritime carriage, updating or replacing many
provisions in the Hague Rules, Hague-Visby Rules and Hamburg Rules.[1][2] The convention
establishes a comprehensive, uniform legal regime governing the rights and obligations of shippers,
carriers and consignees under a contract for door-to-door shipments that involve international sea
transport.[1]

Although the final text was greeted with much enthusiasm, a decade later, little has happened. As of
December 2019, the rules are not yet in force as they have been ratified by only five states, four of
which are minor West African states which possess relatively little global influence. The Rotterdam
Rules are extensive, with nearly ten times as many Articles as existing "tackle-to-tackle only" Rules.
Although some have argued that the new Rules have flaws,[3] the Hague-Visby Rules which
dominate the sector are insufficient for modern multimodal transport. One possible way forward
might be the interim adoption of a "Rotterdam-Lite Convention".

History

The Hague Rules of 1924 were updated in 1968 to become the Hague-Visby Rules, but the changes
were modest. The modified convention still covered only "tackle to tackle" carriage contracts, with
no provision for multimodal transport. The industry-changing phenomenon of containerization was
barely acknowledged.[4][5] The 1978 Hamburg Rules were introduced to provide a framework that
was both more modern, and less biased in favour of ship operators. Although the Hamburg Rules
were readily adopted by developing countries, the new convention was shunned by richer countries
who stuck with Hague and Hague-Visby.[6] It had been expected that a Hague/Hamburg
compromise might arise, but instead the vast (96 articles) Rotterdam Rules appeared.

The final draft of the Rotterdam Rules, which was assembled by the United Nations Commission on
International Trade Law, was adopted by the United Nations on 11 December 2008, and a signing
ceremony was held in Rotterdam on 23 September 2009.[2][7] Signatories included the United States,
France, Greece, Denmark, Switzerland and the Netherlands; in all, signatures were obtained from
countries said to make up 25 percent of world
trade by volume.[8] Signatures were allowed after Rotterdam Rules

the ceremony at the U.N. Headquarters in New United Nations Convention on Contracts for

York City, United States.[7] the International Carriage of Goods Wholly or

Partly by Sea
The World Shipping Council is a prominent
supporter of the Rotterdam Rules. In 2010, the
American Bar Association House of Delegates
approved a resolution supporting U.S. ratification
of the Rotterdam Rules.[9][10]

Main provisions Signatories (red) and Ratifications (green)

Drafted 11 December 2008

The following are critical provisions and law
changes found in the Rotterdam Rules: Signed 23 September 2009

The Rules apply only if the carriage includes a Location Rotterdam and New
sea leg; other multimodal carriage contracts York
which have no sea leg are outside of the scope
Effective (not yet in force)
of the Rules.
Condition Ratification by 20
It extends the period that carriers are
states
responsible for goods, to cover the time
between the point where the goods are Signatories 25
received to the point where the goods are
Ratifiers 5 (Republic of the
delivered.[8]
Congo, Spain, Togo,

It allows for more e-commerce and approves Cameroon and Benin)

more forms of electronic documentation.[8]

Depositary UN Secretary-General

It increases the limit liability of carriers to 875

Languages Arabic, Chinese,
units of account per shipping unit or three units
English, French,
of account per kilogram of gross weight.[8]
Russian and Spanish

It eliminates the "nautical fault defence" which

had protected carriers and crew from liability for negligent ship management and navigation.[8]

It extends the time that legal claims can be filed to two years following the day the goods were
delivered or should have been delivered.[8]

It allows parties to so-called "Volume Contracts" to opt-out of some liability rules set in the
convention.[8]
 It obliges carriers to keep ships seaworthy and properly crewed throughout the voyage.[8] The
standard of care is not "strict", but "due diligence" (as with the Hague Rules).

Entry into force and ratifications

The Rotterdam Rules will enter into effect a year after 20 countries have ratified that treaty.[11] As of
9 August 2011, there were 24 signatories to the treaty.[11] The most recent country to sign the treaty
was Sweden, which signed on 20 July 2011.[11] Spain was the first country to ratify the convention in
January 2011.[12] An overview of signatures and ratifications is shown below:

Upon entry into force of the convention for a country, it should denounce the conventions governing
the Hague-Visby Rules as well as the Hamburg Rules as the convention does not come into effect
without such denouncements.
 Country Signature Ratification/Accession

Armenia 29 September 2009

Benin 7 November 2019

Cameroon 29 September 2009 11 October 2017

Congo 23 September 2009 28 January 2014

Democratic Republic of the Congo 23 September 2010

Denmark 23 September 2009

France 23 September 2009

Gabon 23 September 2009

Ghana 23 September 2009

Greece 23 September 2009

Guinea 23 September 2009

Guinea-Bissau 24 September 2013

Luxembourg 31 August 2010

Madagascar 25 September 2009

Mali 26 October 2009

Netherlands 23 September 2009

Niger 22 October 2009

Nigeria 23 September 2009

Norway 23 September 2009

Poland 23 September 2009

Senegal 23 September 2009

Spain 23 September 2009 19 January 2011

Sweden 20 July 2011

Switzerland 23 September 2009

Togo 23 September 2009 17 July 2012

United States 23 September 2009

See also

Hague-Visby Rules

Hamburg Rules

Seaworthiness (law)
References

1. "2008 – United Nations Convention on Contracts for the International Carriage of Goods Wholly
or Partly by Sea – the 'Rotterdam Rules' " (http://www.uncitral.org/uncitral/en/uncitral_texts/tra
nsport_goods/2008rotterdam_rules.html) . U.N. Commission on International Trade Law.
UNCITRAL.org. Retrieved 16 November 2009.

2. Susan Husselman. "Rotterdam Rules Signature Ceremony" (http://www.rotterdamrules2009.co

m/cms/index.php?page=general-information) . Rotterdam Rules 2009 Secretariat. Rotterdam
Rules 2009. Retrieved 16 November 2009.

3. There are issues needing clarifications such as the description of the maritime performing
party and the volume contract.

4. Hague-Visby Rules: Article IV Rule 5c

5. "Hague-Visby Rules" (https://web.archive.org/web/20070708030958/http://www.jus.uio.no/lm/

sea.carriage.hague.visby.rules.1968/doc.html#31) . Archived from the original (http://www.ju
s.uio.no/lm/sea.carriage.hague.visby.rules.1968/doc.html#31) on 8 July 2007. Retrieved
1 November 2015.

6. The Jackson Parton Miscellany (http://www.jacksonparton.com)

7. United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly
by Sea (https://web.archive.org/web/20110124164131/http://www.uncitral.org/pdf/english/te
xts/transport/rotterdam_rules/09-85608_Ebook.pdf) (PDF), 9 (9 ed.), U.N. Commission for
International Trade Law, 2008, archived from the original (http://www.uncitral.org/pdf/english/t
exts/transport/rotterdam_rules/09-85608_Ebook.pdf) (PDF) on 24 January 2011, retrieved
16 November 2009

8. Adeline Teoh (16 November 2009). "UN shipping convention ready for Australia" (http://www.dy
namicexport.com.au/news/un-shipping-convention-ready-for-australia00799/) . Dynamic
Export.

9. Maritime Bar Association Endorses Rotterdam Rules (http://www.joc.com/maritime/bar-associa

tion-endorses-rotterdam-rules)

10. Law Professors Address International Law (http://lawprofessors.typepad.com/international_la

w/2010/09/rotterdam-rules.html)

11. U.N. Transport Treaty (http://www.uncitral.org/uncitral/en/uncitral_texts/transport_goods/rotte

rdam_status.html)
12. U.N. Press Release 2011 (http://www.unis.unvienna.org/unis/pressrels/2011/unisl149.html)

External links

ratifications (http://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XI-D-8&chapter=
11&lang=en#EndDec)