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

92 COMITE MARITIME INTERNATIONALThe Travaux Préparatoires of the Hague and Hague-Visby Rulesagreement is invariably reached in regard to the general form, and then the particularcontract is made between the particular shipowner and the particular shipper on thebasis of that form.The Chairman: Mr. Cleminson, might I call your attention to the fact that uponArticle II, which subjects contracts generally to the operation of the rules, the observationsyou are making would directly arise? I am not sure that they arise upon the definitionin Article 1.Mr. Cleminson: You suggest that they arise on Article 2?The Chairman: Yes, Article 2. “Subject to the provisions of Article V, under everycontract of carriage of goods by sea”. It seems to me that, if there is to be a limitationon the generality of the provision, it arises for consideration there - that is, for effectualconsideration - upon Article 2, upon the word “every”.Mr. Cleminson: It may be there, Sir.The Chairman: And that a qualifying phrase which should refer the contracts youare mentioning to the Drafting Committee, or Executive Committee, would probablybe a more effectual mode of dealing with the question you properly want to raise, thanby discussing it upon the definition of “Contract of carriage”.Mr. Cleminson: Yes, I think that is quite so.The Chairman: Then perhaps we may postpone this until we come to Article 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Now, returning to 1 (b). The amendment which Mr. Paine has proposed is referredto a Committee which is to consider drafting.[86]Sir Norman Hill: It is very difficult to suggest a solution, but one does appreciatethat “The number of packages or pieces, the quantity or weight” are not very appropriatewhen you are dealing with a full cargo carried under a charter-party. I do notthink it is possible to give full effect to what I personally understand to be the wishesof the cargo interests, to distinguish between a tramp bill of lading and a liner bill oflading. I think a bill of lading is a bill of lading. If it is a fully negotiable document I donot think in law it is possible to distinguish between the one that is issued by the linerand the one issued by the tramp. I do not think it would be satisfactory to anybody. Ido not think it would be satisfactory to the tramp if he was putting on to the market,for the purpose of assisting the credit of the merchants and the bankers, anything inthe nature of an inferior bill of lading. I do not think that would be fair or right. Itwould be oppressive to the tramp, and it seems to me, so long as it is a negotiable billof lading it will have to come under to the code. If it comes under the code, is it possibleto think of any words, to be put into what will be now paragraph (b), qualifyingthe responsibility in regard to - I would prefer it if it were possible - the bulk cargoes?I do not think it would be a very happy way of putting it to qualify it by saying thatthese are bills of lading issued in respect of a cargo carried on a ship which has beenchartered.Text adopted by the Conference[255]In these RULES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(b) “Contract of carriage” means a bill of lading or any similar document of title IN SOFAR AS SUCH DOCUMENT RELATES to the carriage of goods by sea.