Hamburg Rules
The 1978 sea carriage regime that abolished the nautical fault defense and raised the limits, but stayed marginal for want of major maritime states.
United Nations, 1978, in force since November 1, 1992: the Hamburg Rules raise the sea carrier's limit to 835 special drawing rights per package or 2.5 per kilogram, against 666.67 and 2 under Hague-Visby, roughly a quarter more. These are the rules of the cargo-owning countries, mostly developing ones, which saw Hague-Visby as written by and for shipowners. They reverse several balances. Nautical fault and fire no longer excuse; the carrier is liable on a presumption of fault that it must rebut; its period of responsibility covers the whole time the goods are in its charge at the port, beyond tackle to tackle alone; delay becomes compensable, and the time bar moves from one year to two. The failure is a matter of tonnage geography. Some thirty-five states are parties, none of them among the ten largest flags in the world, so a bill of lading issued in Chile or Senegal can fall under a regime the same owner will never meet on the neighboring trade. The text set out to unify; mostly it fragmented, and a cargo underwriter pricing a recovery first has to know which regime applies.
Adopted in 1978 and in force since November 1, 1992, the rules set the limit at 835 special drawing rights per package or 2.5 per kilogram, against 666.67 and 2 under Hague-Visby. Some thirty-five states are parties, none of them among the ten largest flags in the world: a bill of lading issued in Chile or Senegal can therefore fall under a regime the same owner will never meet on the neighboring trade.
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