Module 2

INTERNATIONAL RULES IN
COGSA
Prepared by: M/3CL MANSAYON, MOISES
INTRODUCTION
 THE CARIAGE OF GOODS BY SEA ACT (COGSA), IS A
SET OF STATUTES BASED IN THE UNITED STATES THAT
GOVERN THE AUTHORITY AND DUTIES OF CARGO
SHPPERS AND SHIP-OWNERS WITH REGARD TO SEA
SHIPMENTS MADE FROM AND TO THE UNITED STATES.
THIS ACT IS COMPOSED OF THE FOLLOWING SET OF
RULES;
RULE 1 ( The Hague Rules)

 the international convention to impose minimum standards

upon commercial carriers of goods by sea

 Introduced at the International Law association meeting in

Brussels in 1921 and adopted first as clauses in bills of
lading and after 1923 as the Brussels Convention on
Limitation of Liability.

 Its objective of the Hague Rule was to establish a

minimum mandatory liability of carriers.
RULE 2 ( The Hague - Visby Rule )

 is a set of international carriage of goods by sea.

 - slightly updated version of the original Hague Rules which

were drafted in Brussels in 1924
RULE 3 ( The Hamburg Rule )

 - 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 transportation of goods on oceangoing ships.
RULE 4 ( The Rotterdam Rule )

 Is a treaty proposing new international rules to revise the

legal framework for maritime affreightment and carriage of
goods by sea

 Primarily address the legal relationship between carriers and

cargo-owners.
COMPARISON
The Hague Rule
 Rules are silent
The Hague - Visby Rule
 B/L (Bills of lading) issued
in a contracting state
 Carriage from contracting
state
 Contract of carriage
expressly applies rules
The Hamburg Rule
 B/L (Bills of lading) issued in a contracting
state
 Carriage from contracting state
 Carriage to contracting state
 B/L (Bills of lading) provides Rules to
apply
The Rotterdam Rule
 if according to contract
 Place of receipt; or
 Port of loading; or
 Place of delivery; or
WHO IS THE CARRIER?
The Hague Rules The Hamburg Rule
 Owner of charterer “who  “any person by whom or in
enters into contract of whose name a contract of
carriage with a shipper” carriage has been concluded
with a shipper”.
 Covers “actual” and
“contractual” carrier.

The Hague - Visby Rule The Rotterdam Rule

 Owner of charterer “who  “a person that enters into a contract
enters into contract of of carriage with a shipper”. But the
carriage with a shipper” obligations extend to “performing
parties” acting at the carrier’s
request or under the carrier’s
supervision or control.
THANK YOU!