Rotterdam Rules
Encyclopedia
The "Rotterdam Rules", formally the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea is a treaty comprising international rules that revises the legal and political framework for maritime
carriage of goods
. The convention establishes a more modern, uniform legal regime governing the rights and obligations of shipper
s, carriers
and consignee
s under a contract for door-to-door
shipments that involve international sea transport. The aim of the convention is to extend and modernize international rules already in existence and achieve uniformity of admiralty law
in the field of maritime carriage, updating and/or replacing many provisions in the Hague Rules, Hague-Visby Rules
and Hamburg Rules
.
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 December 11, 2008 and a signing ceremony commenced in Rotterdam
, Netherlands
(the convention's informal namesake) on September 23, 2009. Signers included 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
, New York
, 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.
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.
Sea
A sea generally refers to a large body of salt water, but the term is used in other contexts as well. Most commonly, it means a large expanse of saline water connected with an ocean, and is commonly used as a synonym for ocean...
carriage of goods
Ship transport
Ship transport is watercraft carrying people or goods . Sea transport has been the largest carrier of freight throughout recorded history. Although the importance of sea travel for passengers has decreased due to aviation, it is effective for short trips and pleasure cruises...
. The convention establishes a more modern, uniform legal regime governing the rights and obligations of shipper
Shipper
A shipper can be:*Someone who sends goods for shipment, by packaging, labeling, and arranging for transit, or who coordinates the transport of goods*Shipping , someone who supports a fictional romantic relationship, usually on the Internet...
s, carriers
Common carrier
A common carrier in common-law countries is a person or company that transports goods or people for any person or company and that is responsible for any possible loss of the goods during transport...
and consignee
Consignee
In a contract of carriage, the consignee is the person to whom the shipment is to be delivered to whether by land, sea or air.-A brief statement of law:...
s under a contract for door-to-door
Door-to-door
Door-to-door is a sales technique in which a salesperson walks from the door of one house to the door of another trying to sell a product or service to the general public. A variant of this involves cold calling first, when another sales representative attempts to gain agreement that a salesperson...
shipments that involve international sea transport. The aim of the convention is to extend and modernize international rules already in existence and achieve uniformity of admiralty law
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
in the field of maritime carriage, updating and/or replacing many provisions in the Hague Rules, Hague-Visby Rules
Hague-Visby Rules
The Hague-Visby Rules are a set of international rules for the international carriage of goods by sea. The official title is "International Convention for the Unification of Certain Rules of Law relating to Bills of Lading" and was drafted in Brussels in 1924...
and Hamburg Rules
Hamburg Rules
The Hamburg Rules are a set of rules governing the international shipment of goods, resulting from the United Nations International Convention on the Carriage of Goods by Sea adopted in Hamburg on 31 March 1978. The Convention was an attempt to form a uniform legal base for the transportation of...
.
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
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
on December 11, 2008 and a signing ceremony commenced in Rotterdam
Rotterdam
Rotterdam is the second-largest city in the Netherlands and one of the largest ports in the world. Starting as a dam on the Rotte river, Rotterdam has grown into a major international commercial centre...
, Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
(the convention's informal namesake) on September 23, 2009. Signers included United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
and the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
; 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
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
The World Shipping Council
World Shipping Council
The World Shipping Council is the peak industry trade group representing general cargo and container shipping lines. The WSC is headquartered in Washington, D.C...
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.
Main provisions
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-outOpt-outThe term opt-out refers to several methods by which individuals can avoid receiving unsolicited product or service information. This ability is usually associated with direct marketing campaigns such as telemarketing, e-mail marketing, or direct mail. A list of those who have opted-out is called a...
of some liability rules set in the convention.
Entry into force and ratifications
The Rotterdam Rules will enter into effect when 20 countries ratify 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 and as of August 2011 only 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
Hague-Visby Rules
The Hague-Visby Rules are a set of international rules for the international carriage of goods by sea. The official title is "International Convention for the Unification of Certain Rules of Law relating to Bills of Lading" and was drafted in Brussels in 1924...
as well as the Hamburg Rules
Hamburg Rules
The Hamburg Rules are a set of rules governing the international shipment of goods, resulting from the United Nations International Convention on the Carriage of Goods by Sea adopted in Hamburg on 31 March 1978. The Convention was an attempt to form a uniform legal base for the transportation of...
as the convention does not come into effect without such denouncements.
| Country | Signature | Ratification | |||||
|---|---|---|---|---|---|---|---|
 Armenia |
29 September 2009 | ||||||
 Cameroon |
29 September 2009 | ||||||
 Republic of the Congo |
23 September 2009 | ||||||
| 23 September 2010 | |||||||
 Denmark |
23 September 2009 | ||||||
 Early Modern France |
23 September 2009 | ||||||
 Gabon |
23 September 2009 | ||||||
 Ghana |
23 September 2009 | ||||||
 Greece |
23 September 2009 | ||||||
 Guinea |
23 September 2009 | ||||||
 Luxembourg |
31 August 2010 | ||||||
 Madagascar |
25 September 2009 | ||||||
 Mali>26 October 2009 |
|||||||
 Netherlands |
23 September 2009 | ||||||
 Niger |
22 October 2009 | ||||||
| 23 September 2009 | |||||||
| 23 September 2009 | |||||||
 Poland |
23 September 2009 | ||||||
 Senegal |
23 September 2009 | >- |  Spain |
23 September 2009 | >- |  Sweden |
20 July 2011 |
 Switzerland |
23 September 2009 | ||||||
 Togo |
23 September 2009 | ||||||
 United States |
23 September 2009 |
