|United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea|
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|
|Ratifiers||3 (Republic of the Congo, Spain, and Togo)|
|Languages||Arabic, Chinese, English, French, Russian and Spanish|
|Contracts of affreightment|
|Types of charter-party|
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. As of October 2015, the Rules are not yet in force as they have been ratified by only three states.
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 and/or replacing many provisions in the Hague Rules, Hague-Visby Rules and Hamburg Rules. 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.
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. 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. Signatures were allowed after the ceremony at the UN Headquarters in New York City, United States.
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.
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. (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.
- It obligates carriers to have ships that are seaworthy and properly crewed throughout the voyage. 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.
- It eliminates the "nautical fault defence" which had prevented carriers and crewmen from being held liable for negligent ship management and navigation.
- 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.
- It allows parties to certain "volume" contracts to opt-out of some liability rules set in the convention.
Entry into force and ratifications
The Rotterdam Rules will enter into effect a year after 20 countries have ratified that treaty. As of 9 August 2011, there are 24 signatories to the treaty. The most recent country to sign the treaty was Sweden, which signed on 20 July 2011. Spain was the first country to ratify the convention in January 2011. 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.
|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|
- "2008 – United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea – the 'Rotterdam Rules'.". United Nations Commission on International Trade Law. UNCITRAL.org. Retrieved 16 November 2009.
- Susan Husselman. "Rotterdam Rules Signature Ceremony". Rotterdam Rules 2009 Secretariat. RotterdamRules2009.com. Retrieved 16 November 2009.
- United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (PDF), 9 (9 ed.), United Nations Commission for International Trade Law, 2008, retrieved 16 November 2009
- Adeline Teoh (16 November 2009). "UN shipping convention ready for Australia". Dynamic Export.