The Rotterdam Rules 2008

Book excerpt: The regime governing the carriage of goods by sea has been for a long time the subject of criticism, such as for being out of date, fragmented, uncoordinated with other related transport regimes, leading to unpredictable results, or posing obstacles to the development of modern contract practices. The Hamburg Rules, prepared in 1978 with a view to improving the situation, have in the meantime entered into force but fell short of expectations in that they have not become a basis for a universally accepted regime; the Rules have also increasingly been seen as not addressing issues crucial for modern sea carriage. It has also been realized that the existing regime, whether based on the Hague, Hague-Visby, or Hamburg Rules, does not properly accommodate modern trade practices, such as those treating the carriage of goods by sea as part of wider door-to-door commercial transport operations and those relying on electronic commerce. Nevertheless, such criticism and considerations were for a long time unable to coalesce into a realistic plan for improving the situation.