The 1924 Brussels Convention and its amending protocols
The “International Convention for the Unification of Certain Rules Relating to Bills of Lading“, signed in Brussels on August 25, 1924, also known as the “Hague Rules“, entered into force on June 2, 1931.
The Hague Rules establish a mandatory legal regime covering the carrier’s liability in case of loss or damage to goods transported under a bill of lading. Today, more than eighty (80) states are parties to this convention.
In 1960, it was estimated that the Hague Rules had become anachronistic and were not totally suited to certain new maritime transport trends, such as containerization and bulk cargo transportation. The Hague Rules were therefore modified twice since their adoption. First, by the protocol of February 23, 1968, sometimes called the “Visby Rules“, and then by the protocol of December 21, 1979 on carrier liability, hereinafter referred to as the “1979 Additional Protocol“. The modifications essentially concern the pecuniary limits of liability but do not target the fundamental liability regime or risk allocation provided in the Hague Rules.
Duration of Liability
They cover the period between the moment goods are loaded onto the ship and when they are unloaded. They do not cover losses or damages occurring while goods are under the carrier’s custody before loading or after unloading.
Scope of Application
The Brussels Convention applies only to maritime transport under bill of lading (B/L), thus excluding maritime charter contracts. It also excludes from its scope:
- Deck cargo transportation
- Live animal transportation
- Loading and unloading operations not performed with the ship’s cranes
