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the travaux préparatoires hague rules hague-visby rules - Comite ...

the travaux préparatoires hague rules hague-visby rules - Comite ...

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22 COMITE MARITIME INTERNATIONALThe Travaux Préparatoires of <strong>the</strong> Hague and Hague-Visby RulesThese were general propositions which did not involve any considerable amountof labour for <strong>the</strong> members of <strong>the</strong> Committee. There were, however, topics relating to<strong>the</strong> contract of affreightment which were more controversial, and on which it was desiredthat opinions should be focused at this series of meetings, so that some practicalprogress might be made towards <strong>the</strong> settlement of outstanding differences.He had ventured to formulate upon <strong>the</strong> subject a questionnaire which might be ofsome use for <strong>the</strong> purpose of bringing <strong>the</strong> discussion to set points, in order that as muchprofit as possible might be got from <strong>the</strong>se meetings. The first was-Whe<strong>the</strong>r freedom of contract on <strong>the</strong> part of <strong>the</strong> shipowner with regard to carriageof goods by sea should be absolute or should be limited by legislation.That seemed to underlie <strong>the</strong> fundamental differences between <strong>the</strong> parties concerned.Until <strong>the</strong> Committee arrived at a view on that subject no progress could bemade. The second point was-Whe<strong>the</strong>r legislative control should be exercised to secure for <strong>the</strong> shipper an expressacknowledgment of receipt of goods shipped; or to secure <strong>the</strong> statement of<strong>the</strong> contract of affreightment in uniform terms as to all or part of <strong>the</strong> subject matter,or in plain terms which define simply and explicitly <strong>the</strong> risks accepted by <strong>the</strong>shipowner and shipper respectively.The last alternative, he knew, ran very much more upon <strong>the</strong> lines of Englishthought and action than any stereotyped process in relation to contracts of affreightment.In some branches of law great progress had been made by defining <strong>the</strong> risks of<strong>the</strong> carrier and <strong>the</strong> goods owner. Ano<strong>the</strong>r question was-Whe<strong>the</strong>r <strong>the</strong> shipowner should be at liberty to exclude by <strong>the</strong> contract of affreightmentliability on his part for loss or damage generally or to a limited extent.A fur<strong>the</strong>r point was-If some risks should be excluded, whe<strong>the</strong>r <strong>the</strong>y should include (a) perils of <strong>the</strong> seaand unforeseen accidents or acts of third parties; (b) risks from unseaworthiness,insufficient manning or defective equipment of <strong>the</strong> ship; (c) negligence, fault orfailure in <strong>the</strong> loading, stowage, custody or delivery of <strong>the</strong> goods; and (d) any o<strong>the</strong>rrisks.The Chairman concluded by expressing <strong>the</strong> satisfaction it gave him as a member of<strong>the</strong> Bench of Gray’s Inn to welcome <strong>the</strong> members to that House.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. - Code of Affreightment (4)Discussion was <strong>the</strong>n opened upon <strong>the</strong> proposed Code of Affreightment as mentionedin <strong>the</strong> circular of <strong>the</strong> Honorary Secretaries, and which had been forwarded toall <strong>the</strong> members of <strong>the</strong> Committee.After full discussion <strong>the</strong> matter was referred to a small sub-committee to draw upa report. The following report was prepared by <strong>the</strong> sub-committee, and after fur<strong>the</strong>rdiscussion and amendments adopted by <strong>the</strong> Conference.(4) Proceedings of <strong>the</strong> Maritime Law Committee, supra note (3), at p. xxxvii.

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