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Home \ Exports \ Shipping Companies \ Rules & Regulations \ Hamburg Rules

Article    1-4    5-6    9-13   14-17   18-21    21-22    23-26    27-32    33-34
Article 33     

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

           
1. Notwithstanding the provisions of Article 32, a conference only for the purpose of altering the amount specified in Article 6 and paragraph 2 of Article 26, or of substituting either or both of the units defined in paragraphs 1 and 3 of Article 26 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 thee Contracting States so request.

3. Any decision by the conference must be 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 the 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.


Article 34
: Denunciation


1.A Contracting State may denounce this Convention at any time by means of a notification in writing addresses 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.

            DONE AT HAMBURG, this thirty-first day of March one thousand nine hundred and seventy-eight, in a single original, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic.

            IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized by their respective Governments, have signed the present Convention.

            Common understanding adopted by the United Nations Conference on the Carriage of Goods by Sea

            It is the common understanding that the liability of the carrier under this Convention is based on the principle of presumed fault or neglect.  This means that, as a rule, the burden of proof rests on the carrier but with respect to certain cases, the provisions of the Convention modify this rule.

            Resolution adopted by the United Nations Conference on the carriage of goods by Sea

            The United Nations Conference on the Carriage of Goods by Sea.

            Noting with appreciation the kind invitation of the Federal Republic of Germany to hold the Conference in Hamburg,

            Being aware that the facilities placed at the disposal of the Conference and the generous hospitality bestowed on the participants by the Government of the Federal Republic of Germany and by the Free and Hanseatic City of Hamburg, have in no small measure contributed to the success of the Conference,

            Expresses its gratitude to the Government and people of the Federal Republic of Germany, and

            Having adopted the Convention on the Carriage of Goods by Sea on the basis of a draft Convention prepared by the United Nations Commission on International Trade Law at the request of the United Nations Conference on Trade and Development,

            Expresses its gratitude to the United Nations Commission on International Trade Law and to the United Nations Conference on Trade and Development for their outstanding contribution to the simplification and harmonization of the law of the carriage of goods by sea, and

            Decides to designate the Convention adopted by the Conference as the:

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

            Recommends that the rules embodied therein be known as the ‘HAMBURG RULES’.


 
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