Rotterdam Rules

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Rotterdam Rules
United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea
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Signatories (red) and Ratifications (green)
Drafted 11 December 2008
Signed 23 September 2009
Location Rotterdam and New York
Effective not in force
Condition Ratification by 20 states
Signatories 25
Ratifiers 3 (Republic of the Congo, Spain, and Togo)
Depositary UN Secretary-General
Languages Arabic, Chinese, English, French, Russian and Spanish
Not to be confused with the Rotterdam convention.

The "Rotterdam Rules" (formally, the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea) is a treaty comprising international rules that revises the legal and political framework for maritime carriage of goods. The convention establishes a modern, 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] The aim of the convention is to extend and modernize international rules already in existence and achieve uniformity of admiralty law in the field of maritime carriage, updating and/or replacing many provisions in the Hague Rules, Hague-Visby Rules and Hamburg Rules.[1][2]

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 commenced in Rotterdam, The Netherlands (the convention's informal namesake), on 23 September 2009.[2][3] Signers included the United States, France, Greece, Denmark, Switzerland and the Netherlands; in all, signatures were obtained from countries which are said to make up 25 percent of world trade by volume.[4] Signatures were allowed after the ceremony at the UN Headquarters in New York City, United States.[3]

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.[5][6]

Main provisions[edit]

The following are critical provisions and law changes found in the Rotterdam Rules.

  • It extends the period of time that carriers are responsible for goods to cover the time between the point where the goods are received to the point where the goods are delivered.[4] (Note: This applies only if there is a sea leg involved in the transport. Thus, the Rotterdam Rules are not completely multimodal since all multimodal carriage excluding a sea leg is outside of the scope of application.)
  • It allows for more e-commerce and approves more forms of electronic documentation.[4]
  • It obligates carriers to have ships that are seaworthy and properly crewed throughout the voyage.[4] The level of care is set to due diligence, which is the same as in the Hague Rules.
  • It increases the limit liability of carriers to 875 units of account per shipping unit or three units of account per kilogram of gross weight.[4]
  • It eliminates the "nautical fault defence" which had prevented carriers and crewmen from being held liable for negligent ship management and navigation.[4]
  • 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.[4]
  • It allows parties to certain "volume" contracts to opt-out of some liability rules set in the convention.[4]

Entry into force and ratifications[edit]

The Rotterdam Rules will enter into effect when 20 countries ratify that treaty.[7] As of 9 August 2011, there are 24 signatories to the treaty.[7] The most recent country to sign the treaty was Sweden, which signed on 20 July 2011.[7] Spain was the first country to ratify the convention in January 2011.[8] 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
 Armenia 29 September 2009
 Cameroon 29 September 2009
 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[edit]

References[edit]

External links[edit]