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II.5.220 (THE HAMBURG RULES, 1978) UNITED NATIONS CONVENTION ON THE CARRIAGE OF GOODS BY SEA, 1978

The Ratification of Maritime Conventions

Chapter I.5.220

UNITED NATIONS CONVENTION ON THE CARRIAGE OF GOODS BY SEA, 1978

ADOPTED: Done at Hamburg, 31 March 1978
REFERENCE: HAMBURG RULES, 1978
ENTERED INTO FORCE: 1 November 1992
DEPOSITARY: Secretary-General, United Nations
SECRETARY: Secretary-General, United Nations

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

Article XXVIII

1. This Convention is open for signature by all States until 30 April 1979 at the Headquarters of the United Nations, New York.

2. This Convention is subject to ratification, acceptance or approval by the signatory States.

3. After 30 April 1979, this Convention will be open for accession by all States which are not signatory States.

4. Instruments of ratification, acceptance, approval and accession are to be deposited with the Secretary-General of the United Nations.

ENTRY INTO FORCE

1. This Convention enters into force on the first day of the month following the expiration of one year from the date of deposit of the 20th instrument of ratification, acceptance, approval or accession.

2. For each State which becomes a Contracting State to this Convention after the date of the deposit of the 20th instrument of ratification, acceptance, approval or accession, this Convention enters into force on the first day of the month following the expiration of one year after the deposit of the appropriate instrument on behalf of that State.

3. Each Contracting State shall apply the provisions of this Convention to contracts of carriage by sea concluded on or after the date of entry into force of this Convention in respect of that State.

DENUNCIATION OF OTHER CONVENTIONS

Article XXXI

1. Upon becoming a Contracting State to this Convention, any State party to the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25 August 1924 (1924 Convention) must notify the Government of Belgium as the depositary of the 1924 Convention of its denunciation of the said Convention with a declaration that the denunciation is to take effect in respect of that State.

2. Upon the entry into force of this Convention under paragraph 1 of article 30, the depositary of this Convention must notify the Government of Belgium as the depositary of the 1924 Convention of the date of such entry into force, and of the names of the Contracting States in respect of which the Convention has entered into force.

3. The provisions of paragraphs 1 and 2 of this article apply correspondingly in respect of States parties to the Protocol signed on 23 February 1968 to amend the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25 August 1924.

4. Notwithstanding article 2 of this Convention, for the purposes of paragraph 1 of this article, a Contracting State may, if it deems it desirable, defer the denunciation of the 1924 Convention and of the 1924 Convention as modified by the 1968 Protocol for a maximum period of five years from the entry into force of this Convention. It will then notify the Government of Belgium of its intention. During this transitory period, it must apply to the Contracting States this Convention to the exclusion of any other one.

DENUNCIATION

Article XXXIV

1. A Contracting State may denounce this Convention at any time by means of a notification in writing addressed to the depositary.

2. The denunciation takes effect on the first day of the month following the expiration of one year after the notification is received by the depositary. Where a longer period is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary.

RESERVATIONS

Article XXIX

No reservations may be made to this Convention.

REVISION AND AMENDMENT

Article XXXII

1. At the request of not less than one-third of the Contracting States to this Convention, the depositary shall convene a conference of the Contracting States for revising or amending it.

2. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention, is deemed to apply to the Convention as amended.

Article XXXIII

Revision of the limitation amounts and unit of account or monetary unit

1. Notwithstanding the provisions of article XXXII, a conference only for the purposes of altering the amount specified in article VI and paragraph 2 of article XXVI, or of substituting either or both of the units defined in paragraph 1 and 3 of article XXVI by other units is to be convened by the depositary in accordance with paragraph 2 of this article. An alteration of the amounts shall be made only because of a significant change in their real value.

2. A revision conference is to be convened by the depositary when not less than one-fourth of the Contracting States so request.

3. Any decision by the Conference must be taken by a two-thirds majority of the participating States. The amendment is communicated by the depositary to all the Contracting States for acceptance and to all the States signatories of the Convention for information.

4. Any amendment adopted enters into force on the first day of the month following one year after its acceptance by two-thirds of the Contracting States. Acceptance is to be effected by the deposit of a formal instrument to that effect, with the depositary.

5. After entry into force of an amendment a Contracting State which has accepted the amendment is entitled to apply the Convention as amended in its relations with Contracting States which have not within six months after the adoption of the amendment notified the depositary that they are not bound by the amendment.

6. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention, is deemed to apply to the Convention as amended.

DECLARATIONS AND RESERVATIONS

(unless otherwise indicated, the declarations and reservations were made upon ratification, accession, acceptance or approval)

Czech Republic

The Czech Republic declares that limits of carrier’s liability in the territory of the Czech Republic adhere to the provision of article 6 of the Convention.

Czechoslovakia

The Czechoslovak Socialist Republic, signing the United Nations Convention on the Carriage of Goods by Sea of 1978, declares, in conformity with the provision of its article XXVI, that the conversion of the amounts of the limits of liability, referred to in paragraph 2 of that article, into the Czechoslovak currency is made in the ratio of 0.48 Czechoslovak crown /Kce/ to 1 monetary unit, defined in paragraph 3 of article XXVI of the Convention, and the limits of liability provided for in this Convention to be applied in the territory of the Czechoslovak Socialist Republic are fixed as follows:

  • 6,000.—Kcs per package or other shipping unit, or
  • 18.—Kcs per kilogramme of gross weight of the goods.

[This declaration was rescinded by the Czech Republic on its ratification of the Convention.]

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