Aspects of the Hague Rules

1. Front Matter

   Pages I-XXX

   PDF

2. The Scope of the Brussels Convention 1924

   1. Front Matter

      Pages 1-1

      PDF

   2. History of the Brussels Convention

      • Malcolm Alistair Clarke

      Pages 3-7

   3. Introduction to the Scope of the Brussels Convention

      • Malcolm Alistair Clarke

      Pages 8-17

   4. The Scope of the Convention in the Law of England

      • Malcolm Alistair Clarke

      Pages 18-28

   5. The Scope of the Convention in the Law of France: Introduction

      • Malcolm Alistair Clarke

      Pages 29-32

   6. The Liberal Approach

      • Malcolm Alistair Clarke

      Pages 33-46

   7. The Voyage Test

      • Malcolm Alistair Clarke

      Pages 47-72

   8. The Nationality Test: The Preliminary Problem

      • Malcolm Alistair Clarke

      Pages 73-85

   9. The Nationality Test

      • Malcolm Alistair Clarke

      Pages 86-95

   10. The Double Rule

       • Malcolm Alistair Clarke

       Pages 96-104

   11. Reform of Article X

       • Malcolm Alistair Clarke

       Pages 105-109

3. Due Diligence to Make the Ship Seaworthy

   1. Front Matter

      Pages 111-111

      PDF

   2. The History of the Carrier’s Liability

      • Malcolm Alistair Clarke

      Pages 113-130

   3. The Scheme of Proof under the Convention

      • Malcolm Alistair Clarke

      Pages 131-170

   4. Proof That the Vessel was Defective

      • Malcolm Alistair Clarke

      Pages 171-202

   5. Due Diligence in General

      • Malcolm Alistair Clarke

      Pages 203-213

   6. Due Diligence in Practice

      • Malcolm Alistair Clarke

      Pages 214-229

   7. When Must Due Diligence Have Been Exercised?

      • Malcolm Alistair Clarke

      Pages 230-239

   8. Liability for Independent Contractors

      • Malcolm Alistair Clarke

      Pages 240-253

It has been estimated that four-fifths of an carriage of goods by sea are governed by the Hague Rules, properly known as the Convention for the Unification of Certain Rules Relating to Bills of Lading, signed at Brussels in 1924. The success of the Convention is wen recognised. Its importance is self-evident and such that, notwithstanding its success, it has been the subject of regular scrutiny with a view to improvement and reform. Attention has focussed on various matters, among them two central provisions which are the subject of this book. First to be considered is article X concerning the legal scope of the Convention: to which contracts for carriage under bills of lading does the Convention apply? This question has caused much trouble, was debated by the C. M. 1. for twenty years and was apparently settled by a new Conven­ tion signed at Brussels in 1968; but the solution may never come into force as the entire Convention is currently being considered by the United Nations with a view to reform of a different kind. The second part of the book examines one of the fundamental duties in the Convention. The ultimate duties of the carrier are duties of due diligence, diligence in caring for cargo and diligence in preparing his ship for sea. It is the latter duty that has been selected for detailed study.

• attention
• conflict
• conflicts
• English
• French
• nature
• reform
• state
• United Nations

Policies and ethics