Rotterdam Rules

Rotterdam Rules
United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea
Drafted 11 December 2008
Signed 23 September 2009
Location Rotterdam and New York
Effective not in force
Condition Ratification by 20 states
Signatories 21
Ratifiers 1 (Spain)
Depositary UN Secretary-General
Languages Arabic, Chinese, English, French, Russian and Spanish

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 modern, comprehensive, uniform legal regime governing the rights and obligations of shippers, carriers and consignees under a contract for door-to-door shipments that involve international sea transport.[1] 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.[1][2]

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.[2][3] 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.[4] Signatures were allowed after the ceremony at the UN Headquarters in New York City, New York, United States.[3]

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.[5][6]

Contents

Main provisions

The following are critical provisions and law changes found in the Rotterdam Rules.

Entry into force and ratifications

The Rotterdam Rules will enter into effect when 20 countries ratify that treaty.[7] As of 9 August 2011, there are 24 signatories to the treaty.[7] The most recent country to sign the treaty was Sweden, which signed on 20 July 2011.[7] Spain was the first and as of August 2011 only country to ratify the convention in January 2011.[8] 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 as well as the Hamburg Rules as the convention does not come into effect without such denouncements.

Country Signature Ratification
 Armenia 29 September 2009
 Cameroon 29 September 2009
 Congo 23 September 2009
 Democratic Republic of the Congo 23 September 2010
 Denmark 23 September 2009
 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
 Nigeria 23 September 2009
 Norway 23 September 2009
 Poland 23 September 2009
 Senegal 23 September 2009
 Spain 23 September 2009 19 January 2011
 Sweden 20 July 2011
 Switzerland 23 September 2009
 Togo 23 September 2009
 United States 23 September 2009

References

  1. ^ a b "2008 - United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea - the 'Rotterdam Rules'.". United Nations Commission on International Trade Law. UNCITRAL.org. http://www.uncitral.org/uncitral/en/uncitral_texts/transport_goods/2008rotterdam_rules.html. Retrieved 16 November 2009. 
  2. ^ a b Susan Husselman. "Rotterdam Rules Signature Ceremony". Rotterdam Rules 2009 Secretariat. RotterdamRules2009.com. http://www.rotterdamrules2009.com/cms/index.php?page=general-information. Retrieved 16 November 2009. 
  3. ^ a b United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, 9 (9 ed.), United Nations Commission for International Trade Law, 2008, http://www.uncitral.org/pdf/english/texts/transport/rotterdam_rules/09-85608_Ebook.pdf, retrieved November 16, 2009 
  4. ^ a b c d e f g h Adeline Teoh (November 16, 2009). "UN shipping convention ready for Australia". Dynamic Export. http://www.dynamicexport.com.au/news/un-shipping-convention-ready-for-australia00799/. 
  5. ^ http://www.joc.com/maritime/bar-association-endorses-rotterdam-rules
  6. ^ http://lawprofessors.typepad.com/international_law/2010/09/rotterdam-rules.html
  7. ^ a b c http://www.uncitral.org/uncitral/en/uncitral_texts/transport_goods/rotterdam_status.html
  8. ^ http://www.unis.unvienna.org/unis/pressrels/2011/unisl149.html

External links