Aspects of the Hague Rules: A Comparative Study in English by Malcolm Alistair Clarke

By Malcolm Alistair Clarke

It has been envisioned that four-fifths of an carriage of products by way of sea are ruled through the Hague ideas, effectively often called the conference for the Unification of sure ideas in relation to money owed of Lading, signed at Brussels in 1924. The luck of the conference is wen recognized. Its significance is self-evident and such that, even though its luck, it's been the topic of standard scrutiny in order to development and reform. consciousness has focussed on quite a few concerns, between them valuable provisions that are the topic of this booklet. First to be thought of is article X about the felony scope of the conference: to which contracts for carriage below money owed of lading does the conference follow? this question has brought on a lot difficulty, was once debated by way of the C. M. 1. for two decades and was once it sounds as if settled through a brand new Conven­ tion signed at Brussels in 1968; however the resolution could by no means come into strength because the complete conference is at present being thought of by means of the United countries so as to reform of a special type. the second one a part of the ebook examines one of many basic tasks within the conference. the final word tasks of the provider are tasks of due diligence, diligence in taking care of shipment and diligence in getting ready his send for sea. it's the latter responsibility that has been chosen for certain study.

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Scrutton L. J. reached the objective by faith, leaving little guidance for those to follow: he simply assumed that the Ordinance did apply to the contract. " He does not explain whether the law of the place is the proper law of the contract or whether it is applicable by way of exception; nor does he offer any rule of private internationallaw or of any other branch of law which might justify its application. Slesser L. J. 's second ground that, whatever the proper law governing the contract in principle, mandatory provisions of the tex toci contractus must be respected by way of exception.

It is not true, as Stödter maintains,41 that es bleibt unentschieden, ob es das Gesetz sein soll, das im Ausstellungsort des Konnossements gilt, oder das, das im Bereich des entscheidenden Gerichtes Gültigkeit hat. Whenever a court is faced with a bill of lading issued in any HCP, a court should look to its own national version of the Convention, even when this version is national only in the sense of being a literal translation into the nationallanguage. This is the simplest and most obvious meaning to give to art.

F. 504, 507. 50 "Si on admet avec nous que, malgre (art. X), la loi nationale conserve son empire, iI en resulte que la mise en vigueur de la Convention creerait un regime d'une intoIerable complexite si on ne modifiait pas la legislation interne .... On ne peut, en effet, avoir pratiquement dans THE SCOPE OF THE BRUSSELS CONVENTIOK 6. I7 CONCLUSION Each HCP rnust ensure that its courts will apply its national version of the Convention to every bill of lading issued in a contracting state, without regard to wh ether the contract, in pursuance of which the bill is issued, is dornestic or international.

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