Carriage of Goods by Sea (2nd Edition)
Contents
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A. Introduction A. Introduction
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Overview Overview
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B. Early Developments B. Early Developments
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The International Law Association (ILA) The International Law Association (ILA)
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The Comité Maritime International (CMI) The Comité Maritime International (CMI)
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C. Hague Rules C. Hague Rules
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Incentive for change Incentive for change
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The Imperial Shipping Committee The Imperial Shipping Committee
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ILA Maritime Law Committee (1921) ILA Maritime Law Committee (1921)
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ICC and CMI ICC and CMI
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The Brussels Convention signed The Brussels Convention signed
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Implementation: Great Britain Implementation: Great Britain
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Other enacting countries Other enacting countries
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Freedom of contract Freedom of contract
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Signatories: a note Signatories: a note
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Problems Problems
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D. Visby Protocol D. Visby Protocol
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Origins Origins
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CMI Rijeka Conference CMI Rijeka Conference
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CMI Stockholm Conference CMI Stockholm Conference
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Brussels Conference Brussels Conference
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Signature Signature
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Unified Rules Unified Rules
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Principles Principles
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Signatories Signatories
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E. The SDR Protocol E. The SDR Protocol
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Origins Origins
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Reform Reform
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Signatories Signatories
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15 The Rise of International Regulation
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Published:07 July 2011
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Extract
Introduction
Overview
In the preceding chapter we saw various developments at the domestic level which sought to address the perceived imbalance between shipowning and cargo interests. In this chapter we consider in detail the major international developments which led to the enactment of the Hague Rules, beginning first with attempts in the late nineteenth century and early part of the twentieth century.
Early Developments
The International Law Association (ILA)
As we have already seen,1 the earliest efforts at international uniformity were promoted by the ILA,2 earlier known as the Association for the Reform and Codification of the Law of Nations. Although the Association abandoned the Conference Form developed in Liverpool, it did so in favour of a set of rules, known as the ‘Hamburg Rules of Affreightment’, which were developed in 1885 and were intended to be incorporated into bills of lading by reference.3 These Rules were rescinded in 1887 at the Association’s London Conference, when the Conference Form was reaffirmed.4 Nevertheless, the principle of seeking to achieve uniformity through the development of uniform rules had been established. As Dr F Sieveking put it, in answering his own question whether the Harter Act and bills of lading should be dropped by the ILA altogether:
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