Shipper’s Obligations under the Rotterdam Rules. A Comparison with the Hague-Visby Rules 1968 and the Hamburg Rules 1978
Shipper’s Obligations under the Rotterdam Rules. A Comparison with the Hague-Visby Rules 1968 and the Hamburg Rules 1978

Summary/Abstract: The article aims to analyze the shipper's liability in international contracts of carriage of goods under the Rotterdam Rules in comparison with his liability under the 1968 Hague Visby Rules and the 1978 Hamburg Rules. The shipper's obligations are based on the previous provisions contained in the Hague-Visby Rules 1968 and the Hamburg Rules 1978. The Rotterdam Rules introduce new obligations, such as the duty of cooperation between the shipper and the carrier of goods, the shipper's duty to pack and label a container in such a way as not to cause damage to persons or goods, or the duty to mark or label dangerous goods in accordance with any law, regulation, or other requirements of public authorities. The notion of "shipper" is defined differently from the Hamburg Rules of 1978. The Rotterdam Rules add the notion of "documentary shipper", a completely new concept adapted to the needs of international FOB contracts. There are no substantial differences between the Hague Visby Rules 1968 and the Hamburg Rules 1978. The obligations and liability of the shipper are better structured. A number of important issues, such as the shipper's liability to third parties or the shipper's liability for loss or damage caused by delay, remain unregulated by the Rotterdam Rules.

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