海牙-维斯比规则(中英对照word版)

Hague Rules名词解释– article 1 (1):―"Carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper.―承运人：包括与托运人订有运输合同的船舶所有人或租船人。

―"Contract of carriage" applies only to contracts of carriage covered by a bill of lading .“运输合同”仅适用于以提单进行海上货物运输的合同名词解释– article 1 (2):―"Goods" includes goods, wares, merchandise and articles of every kind whatsoever except live animals and cargo which by the contract of carriage instated as being carried on deck and is so carried.―货物包括货物、制品、商品和任何种类商品，但活的牲畜和在运输合同上载明装载于舱面并且已经这样装运的货物除外。

―"Ship" means any vessel used for the carriage of goods by sea.―"Carriage of goods" covers the period from the time when the goods are loaded on to the time they are discharged from the ship.The responsibility of carrier (1):―Article 3, 1―The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to:(a) Make the ship seaworthy.(b) Properly man, equip and supply the ship.(c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.―译:承运人需在开航时和开航前恪尽职责：使船舶适航；适当配备船员，装备和供应船舶；使船上货舱、冷藏舱和其他载货处所，能适宜和安全地接收、运送和保管货物。

统一提单的若干法律规则的国际公约（1924年8月22日订于布鲁塞尔，1924年8月25日颁布，1942年8月25日实施）INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OFLAW RELATING TO BILLS OF LADING(“HAGUE RULES”), AND PROTOCOL OF SIGNATURE(Brussels, 25 August 1924)The President of the German Republic, the President of the Argentine Republic, His Majesty the King of the Belgians, the President of the Republic of Chile, the President of the Republic of Cuba, His Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Head of the Estonian State, the President of the United States of America, the President of the Republic of Finland, the President of the French Republic, His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, His Most Supreme Highness the Governor of the Kingdom of Hungary, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Latvian Republic, the President of the Republic of Mexico, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, the President of the Republic of Peru, the President of the Polish Republic, the President of the Portuguese Republic, His Majesty the King ofRomania, His Majesty the King of the Serbs, Croats and Slovenes, His Majesty the King of Sweden, and the President of the Republic of Uruguay,HAVING RECOGNIZED the utility of fixing by agreement certain uniform rules of law relating to bills of lading,HAVE DECIDED to conclude a convention with this object and have appointed the following Plenipotentiaries:WHO, duly authorized thereto, have agreed as follows:第一条Article 1本公约所用下列各词，涵义如下：In this Convention the following words are employed with the meanings set out below:(a) “承运人”包括与托运人订有运输合同的船舶所有人或租船人。

5. Improve the carrier’s compensation for the goods damage
• (c) Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or units enumerated in the Bill of Lading as packed in such article of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned. Except as aforesaid such article of transport shall be considered the package or unit.
1.Expanding the scope of the application of the rules
(a) the Bill of Lading is issued in a Contracting State, or (b) the carriage is from a port in a Contracting State, or (c) the contract contained in or evidenced by the Bill of Lading provides that the rules of this Convention or legislation of any State giving effect to them are to govern the contract whatever may be the nationality of the ship, the carrier, the shipper, the consignee, or any other inlearing the evidence of the effectiveness of the bill of lading

Protocol to Amend the International Convention for the Unificationof Certain Rules of Law Relating to Bills of Lading ("Visby Rules")修改统一提单若干法律规定的国际公约议定书（维斯比规则）(Brussels, 23 February 1968)（1968.2.23日订于布鲁塞尔）THE CONTRACTING PARTIES,各缔约国：CONSIDERINGthat it is desirable to amend the InternationalConvention for the unification of certain rules of law relating to Bills ofLading, signed at Brussels on 25th August 1924,考虑到修改一九二四年八月二十五日在布鲁塞尔签订的关于《统一提单的若干法律规则的国际公约》的需要，HAVE AGREED as follows:协议如下：Article 1第一条1(1)In Article 3, paragraph 4, shall be added:在第三条第4款中应增加："However, proof to the contrary shall not be admissible when the Bill ofLading has been transferred to a third party actin g in good faith".“但是，当提单已经转给善意行事的第三者时，与此相反的证据不予接受。

“(2)In Article 3, paragraph 6, sub-paragraph 4 shall be deleted andreplaced by:在第三条第6款中的第4段应改为：“"Subject to paragraph 6bisthe carrier and the ship shall in any event bedischarged from all liability whatsoever in respect of the goods, unlesssuit is brought within one year of their delivery or of the date whentheyshould have been delivered. This period may, however, be extended ifthe parties so agree after the cause of action has arisen".“遵照第6款（修改本）的规定，除非从货物交付之日或应付之日起一年内提起诉讼，承运人和船舶在任何情况下都免除对于货物的货物责任。

7 8expenses incurred in the common interest of the creditorsdock, harbor and cannel chargeswages and other sums due to the master, officers and othermembers of the vessel ’s complementwreck removalloss of life and personal injury occurring in directconnection with the operation of the vesselloss of or damage to property occurring in directconnection with the operation of the vesselmaster ’s disbursementpossessory lien on vessellast in time, first in right为债权人共同利益而发生的费用港口规费9船长、船员的劳动报酬10 清除障碍物11 与船舶营运直接有关的人身伤亡12 与船舶营运直接有关的财产灭失与损坏131415船长垫支船舶留置权时间在后，权利在先161718192021captain/masterfunction of policefunction of notarizationfunction of meeting an emergencyfunction of agentcrewing agreement船长警察职能公证职能紧急处分职能代理职能船员劳动合同22232425262728293031323334contract of carriage of goods by seacarriershippership ownership operatornon-vessel operating common carrier, NVOCCfreight forwarderdisponent ownerconsignorconsigneemerchantgeneral cargobill of lading, B/L海上货物运输合同承运人托运人船舶所有人船舶经营人无船经营公共承运人货运代理人二船东发货人收货人货方件杂货提单船舶物权Real Rights in Ships1ownership of ships 船舶所有权2vessel under construction 建造中船舶3mortgage of ship 船舶抵押权4maritime lien 船舶优先权5accessories 附属利益6law costs due to the state 诉讼费船员Crew/Seamen班轮运输Liner Shipping35 sea way bill, SWB 海运单36 electronic bill of lading 电子提单37 contract of ocean through carriage of goods 海上货物联运合同38 local carrier 区段承运人39 actual carrier 实际承运人40 on-carrier 接运承运人41 performing carrier 履约承运人42 maritime performing party 海运履约方43 non-maritime performing party 非海运履约方44 ocean through B/L 海上联运提单multimodal transport operator, MTO 45combined transport operator, CTO46multimodal transport document47multimodal transport B/L48contract of a ffreightment, COA49volume contract50Hague Rules51Hague-Visby R ules52Hamburg Rules53Rotterdam Rules54booking note, B/N55shipbroker56seaworthy57properly man58properly equip the ship59properly supply the ship60cargoworthy61due diligence62latent defect63before and at the beginning of the voyage64independent contractor多式联运经营人多式联运单证多式联运提单海上货物运输总合同/包运合同批量合同《海牙规则》《海牙—维斯比规则》《汉堡规则》《鹿特丹规则》订舱单/托运单航运经纪人船舶适航适当地配备船员适当地装备船舶适当地为船舶配备供应品适货谨慎处理潜在缺陷开航前和开航当时独立合同人receive, loading, handling, stowage, carriage, custody, care 接收、装载、搬移、积载、运输、保管、65for, discharge, deliver 照料、卸载、交付66 deviation 绕航67 delay in delivery of goods 迟延交付68 period of responsibility 责任期间69 full container load, FCL 整箱货70 less than container load, LCL 拼箱货71 tackle to tackle 钩至钩72 rail to rail 舷到舷73 freight 运费74 freight repaid/advanced freight 预付运费75 freight to collect/freight payable at destination 到付运费76 tariff 费率本77 ad valorem freight 从价运费78 lumpsum freight 包干运费79 dead freight 亏舱费80 lien on cargo 货物留置权81 nautical fault 航海过失82 navigation of the ship 驾驶船舶83 management of the ship 管理船舶84 good seamanship 良好船艺85 force majeure 不可抗力86 special drawing rights, SDR 特别提款权87 package/unit limitation of liability 单位责任限制88 non-contractual claim 非合同请求/非合同之诉89 notice of loss or damage 灭失或损坏的书面通知90 prima facie evidence 初步证据91 conclusive evidence 绝对证据92 evidence of transportation contract 运输合同的证明93 receipt of goods 货物收据94 document of title 物权凭证/权利凭证95 unknown clause 不知条款96 acting in good faith 善意97 original bill of lading 正本提单98 copy of bill of lading 副本提单99 100 101 102 103 104 105 106 107 letter of guarantee/indemnity/undertaking, LOG/LOIdelivery of goods without bill of ladingon board B/L; shipped B/Lreceived for shipment B/Lclean B/Lunclean B/L; foul B/Lmate ’s receiptstraight B/Lblank B/L; barer B/L; open B/L保函无正本提单交付货物已装船提单收货待运提单清洁提单不清洁提单大副收据记名提单不记名提单108 order B/L 指示提单109 endorsement 背书110 to order 凭指示111 special endorsement 记名背书112 blank endorsement 空白背书113 direct B/L 直达提单114 ocean through B/L 海上联运提单115 combined transport B/L 多式联运提单116 anti-dated B/L 倒签提单117 postponed B/L 顺签提单118 advanced B/L 预借提单119 long form B/L 全式提单120 short form B/L 简式提单121 switch B/L 转换提单122 on deck B/L 舱面货提单123 stowed on deck 装于舱面上124 parcel B/L 包裹提单125 minimum freight B/L 最低运费提单126 omnibus B/L 合并提单127 separate B/L 分提单128 master B/L 船长提单129 house B/L 无船承运人提单130 transhipment clause 转船条款131 name of vessel 船名132 action in rem 对物诉讼133 notify party 通知方134 port of loading 装货港135 port of discharge 卸货港136 port of transhipment 转运港137 port of destination 目的港138 optional cargo 选港货139 description, marks, number and kind of packages or pieces, 货物名称、标志、包件的数量与种类或者weight or measurement o f goods 体积140 141 142 143 144particulars furnished by shipperissue of B/Lnon-negotiablecargo’s apparent order and conditiondefinition clause由托运人提供的事项提单的签发不可流通货物外表状态定义条款145 clause of jurisdiction and applicable law 管辖权与法律适用条款146 paramount clause 首要条款147 amount of compensation 赔偿金额148 time bar 时效149 dangerous cargo 危险货物150 live animal 活动物151 deck cargo 舱面货/甲板货152 cargo in container 集装箱货物153 refrigerated cargo 冷藏货物154 optional delivery 选港交付155 New Jason Clause 新杰森条款156 both to blame collision clause, BBC clause 双方互有责任碰撞条款157 local clause 地区条款158 invalid clause 无效条款159 reference clause 参照条款160 carrier ’s standard conditions of carriage承运人标准运输条件161 right of control 货物控制权162 paper document 纸面单证163 paperless document 无纸单证164 privity 私谋165 Himalaya Clause 喜马拉雅条款166 basis of liability 责任基础167 holder of the B/L 提单持有人168 owner of the goods 货物所有人169 validity of contractual terms 合同条款的有效性170 network liability system 网状责任制171 uniform liability system 统一责任制172 concealed damages 隐藏损失173 amended network liability system 经修正的网状责任制174 amended uniform liability system 经修正的统一责任制175 overall clause 最后责任条款租船运输Charter Party176 tramp shipping 不定期船运输177 voyage charterparty, voy. C/P 航次租船合同178 time charterparty, time C/P 定期租船合同179 bareboat charterparty, charterparty by demise 光船租赁合同180 single trip C/P 单航次租船合同181 return trip C/P 往返航次租船合同182 consecutive single trip C/P 连续单航次租船合同183 consecutive return trip C/P 连续往返航次租船合同184 time charter on trip basis, TCT 航次期租合同185 bareboat charter with hire purchase 光船租购合同186 shipowner 船舶出租人187 charterer 船舶承租人188 code name/word 租约代号189 rider/additional clause 附加条款190 fixture note 订约确认书191 essentials 基本条款192 details 细节193 condition clause 条件条款194 warranty clause 保证条款195 intermediate/innominate clause 中间条款196 B/L under C/P 租约提单197 dispatch money 速遣费198 Uniform General Charter, GENCON 《统一杂货租船合同》，“金康”199 Tanker Voyage Charter Party, ASBA TANKVOY 《油船航次租船合同》200 capable of steaming 能够到达201 description of vessel 船舶说明202 preliminary voyage 预备航次203 demurrage 滞期费204 lay time 装卸时间205 owner ’s responsibility出租人责任206 payment of freight 运费支付207 cancelling date 解约日208 brokerage commission 佣金209 representation 陈述210 misrepresentation 误述211 substituted vessel 替代船212 vessel ’s nationality船舶国籍213 flag of convenience 方便旗214 vessel ’s class船级215 vessel ’s tonnage船舶吨位216 registered tonnage 登记吨217 deadweight tonnage, DWT 载重吨218 gross registered tonnage, GRT 总登记吨219 net registered tonnage, NRT 经登记吨220 net tonnage, NT 净吨221 vessel ’s position船舶动态222 now trading 现在运营中223 interpellation clause 质询条款224 stowage factor 积载因素225 declaration 宣载226 damage for short lift 索赔短装损失227 seaworthy trim clause 适航平衡条款228 near clause 临近条款229 liner terms 班轮条款230 berth terms 泊位条款231 gross terms 总承兑条款232 free alongside ship, FAS 船边交接货物233 free in and out, F.I.O. 出租人不承担装卸费用234 free i n and out, stowed and trimmed, F.I.O.S.T. 出租人不承担装卸费用、积载及平舱费用235 liner in, free out 出租人承担装货费用，但不承担卸货费用236 free in, liner out 出租人不承担装货费用，但承担卸货费用237 laydays 受载期238 per hatch per day 每日每舱口239 per working hatch per day, WHD 每日每作业舱口240 clear day 净日241 calendar day 日历日242 working days 工作日243 weather working day, W.W.D. 晴天工作日/良好天气工作日244 weather working day of 24 hours 24 小时良好天气工作日245246247 248 249 250 251 252 253 254 255 256 257 258259weather working day of 24 consecutive hoursweather working day, Sunday and holiday excepted,W.W.D.SHEX.unless sooner commencedunless used, U.U.unless used, but only time actually used to counteven if used, E IUcustomary quick dispatch, CQDas fast as the vessel can receive/delivernotice of readiness, N/Rarrived vesselport charterberth charterreachable on arrivalwhether in berth or not, WIBONtime lost waiting for berth to count as loading/dischargingtime连续24 小时良好天气工作日良好天气工作日，星期日和节假日除外除非提前开始除非已使用除非已使用，但只计算实际使用的时间即使已使用按习惯尽快装卸以船舶能够收货或者交货的速度装卸准备就绪通知书到达船舶港口租船合同泊位租船合同到达即可靠泊不论靠泊与否等待泊位所损失的时间计为装货/卸货时间260 whether vessel in free pratique or not 船舶通过检疫与否261 whether customs cleared or not 已经报关与否262 demurrage runs continuously 滞期时间连续计算263 once on demurrage, always on demurrage 一旦滞期，永远滞期264 per like day 按同样的日265 dispatch on (all) working time saved, WTS 按节省的（全部）工作时间计算速遣费266 dispatch on (all) laytime saved, ATS 按节省的（全部）装卸时间计算速遣费267 dispatch on all time saved 按节省的全部时间计算速遣费268 (right) to average laytime 装卸时间平均计算（的权利）269 reversible laytime 可调剂使用装卸时间270 oil consumption 燃油消耗量271 incorporation clause 并入条款272 liberty to deviate clause 自由绕航条款273 P&I bunkering clause 保赔协会添加燃料条款274 Uniform Time Charter, BALTIME 《统一定期租船合同》，“波尔的姆”275 New York Produce Exchange, NYPE 纽约土产交易所276 government form 政府格式277 delivery of vessel 交船278 period of hire 租期279 trading limit 航行区域280 owners to provide 出租人提供的事项281 charterers to provide 承租人提供的事项282 payment of hire 租金支付283 redelivery of vessel 还船284 off-hire 停租285 owners ’ responsibilities and exceptions出租人的责任与免责286 employment and indemnity clause 使用与赔偿条款287 sublet 转租288 ship security 船舶保安289 vessel ’s speed and fuel consumption船速与燃油消耗量290 speed claim 船速索赔291 bunker delivery note 加油单292 bunker price adjustment clause 燃油价格条款293 calendar month 日历月294 grace period 宽容期295 excluded cargo 除外货物296 safe port 安全港口297 abnormal occurrence 异常事件298 withdrawal of vessel 撤船299 notice of withdrawal 撤船通知300 anti-technicality clause 抵御市场波动条款/反技巧性条款301 deficiency of men or stores 人员或者燃料不足302 303 304 305 306 breakdown or damage to hull, machinery or equipmentdetention by average to ship or cargodrydockingpreventing the full working of the vessellegitimate/illegitimate last voyage船体、船机或者设备的故障或者损坏船舶或者货物遭受海损事故而引起延误船舶入干坞阻碍船舶完全按照合同营运合法/非法的最后航次307 overlap 超过租期时间308 underlap 提前的时间309 damage for detention 延滞损失310 unliquidated loss 非约定性损失311 time sheet 装卸时间表312 ordinary wear and tear 自然损耗313 on-off hire survey 交船检验和还船检验314 initial seaworthiness 船舶最初适航315 maintenance clause 维持条款316 317 318 319 320 321 322under the supervision of the masterreasonable dispatchHamburg Rules Charterparty ClauseStandard Bareboat Charter, BARECONcall signspecial surveybill of sale在船长监督之下合理速遣汉堡规则租船合同条款《标准光船租赁合同》，“贝尔康”船舶呼号特别检验船舶卖据船舶碰撞Collision of Ships323 inevitable accident 不可避免的事故324 fault/negligence 过失325 inscrutable fault 不明过失326 presumption/inference 推定361 362 363Special Compensation of P&I Club Clause, SCOPICClausethe skill and efforts of the salvors in preventing orminimizing damage to the environmentany property not permanently and intentionally attached tothe shoreline船东保赔协会特别补偿条款救助方为防止或减轻环境污损的技能和努力非永久和非有意地依附于岸线的任何财产331principle of fault in case of emergencyrule of agony of the momentrule of reasonable probabilityrestitution in integrumthe right to a full and complete indemnityremoteness of damagesimmediate consequence of the collisioncorrelative duty of injured party to minimise damagessingle liability principlecross liability principlewave damageallusionLisbon Rules紧急情况下的过失原则332 333 334 335 336 337 338 339 340 341 342合理可能性原则恢复原状完全赔偿权遥远损失碰撞事故之后立即发生的后果受害方减少损害的相应责任单一责任制交叉责任制浪损船舶触碰《里斯本规则》327 legal presumptions of fault 法律推定过失328 chains of causation 原因链329 last opportunity rule 最后机会原则330 Pennsylvania Rule 宾夕法尼亚原则海难救助Salvage at Sea343 pure salvage 纯救助344 contract salvage 合同救助345 employed salvage service 雇佣救助346 no cure, no pay 无效果，无报酬347 no cure, some pay 无效果，给补偿348 object recognized by law 救助标的为法律所承认349 in danger 处于危险之中350 voluntary salvage 自愿救助351 liability salvage 责任救助352 compulsory salvage 强制救助353 mutual/reciprocal salvage 互救354 useful result 救助效果355 meritorious contribution 实质性贡献356 effective service 有效服务357 salvage payment/reward/remuneration 救助报酬358 overriding criterion 首要准则359 special compensation 特别补偿360 safe net clause 安全网条款共同海损General Average366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384385386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402particular average, P.A.general average, G .A.common dangercommon maritime adventurereal perilimmediate dangerintentional actreasonable actextraordinary sacrifices and expenditureuseful effectgeneral average actsacrifice of general averagejettison of cargoextinguishing fire on shipboardcutting away wreckvoluntary strandingengines and boilerscargo, ship ’s materials and stores used for fuelgeneral average expenditureexpense lightening a ship when ashore, and consequentdamageexpenses in port of refugerepairing expensespermanent repairsnew for oldtemporary repairssubstituted expensesprovision of funds and commissionadjustment feeinterest on losses made good in general averagegeneral average negligence clausetime limit of general averagegeneral average securitygeneral average guaranteegeneral average depositlimited/unlimitedcounter guaranteeaverage bond单独海损共同海损共同危险同一海上航程真实危险紧急危险有意采取的措施合理的措施特殊牺牲和特殊费用有效果共同海损行为共同海损牺牲抛弃货物扑灭船上火灾割弃残损物有意搁浅机器和锅炉当作燃料使用的货物、船用材料和物料共同海损费用搁浅船舶减载费用以及因此而受的损害避难港费用修理费用永久性修理以新换旧临时性修理代替费用垫款手续费和保险费理算费用共同海损损失的利息共同海损疏忽条款共同海损时限共同海损担保共同海损担保函共同海损保证金限额/无限额担保函反担保函海损协议书364 365freight at riskStandard Form of Salvage Agreement, LloydLOF有风险的运费’s Open Form,《劳合社救助合同标准格式》428maritime claims (not) subject to limitation（非）限制性海事请求海事赔偿责任限制 Limitation of Liability for Maritime Claims416 global limitation 综合责任限制417 ship ’s value system 船价值 418 post-accident value 事故前船价 419 pre-accident value 事故后船价 420 abandonment system 委付制 421 venture assets 航次资产 422 venture debts 航次债务 423 venture bankrupt 航次破产 424 enforcement system 执行制 425 amount system 金额制 426 tonnage system 吨位制 427option system并用制海上保险 Marine Insurance429 insurer/underwriter 保险人 430 insured/assured 被保险人 431 applicant 投保人 432 insurance agent 保险代理人 433 insurance broker 保险经纪人 434 perils covered 保险事故 435 maritime adventure 海上航行 /海上风险436 subject-matter insured 保险标的 437 insurable interest 保险利益 438 insured value保险价值 439 insured amount/sum insured保险金额 440 full insurance 足额保险 441under insurance不足额保险403 404 405 406 407 408 409 410 411 412 413 414 415non-separation agreement adjustment of general averageaverage adjuster general average adjustment total amount of general averageamount allowable for loss of or damage to ship/cargoamount allowable for loss of freightcommercial invoice shipped valuecontributory value of general a verage contributory value of s hip/cargo/freightgross/net freight York-Antwerp Rules不分离协议 共同海损理算海损理算人 共同海损理算书 共同海损损失金额船舶/货物损失金额 运费损失金额商业发票汽运价值共同海损分摊价值 船舶/货物/运费分摊价值毛/净运费《约克—安特卫普规则》442 over insurance 超额保险443 measurement of indemnity 赔偿限度444 application form 投保单445 binding slip 暂保单446 slip 承保条447 policy 保险单448 insurance certificate 保险凭证449 open policy 预约保险单450 original slip 原始承保条451 duty of disclosure 告知义务452 principle of good faith 诚信原则453 principle of indemnity 损失补偿原则454 subrogation 代为求偿权455 double insurance 重复保险456 premium 保险费457 warranty 保证458 implied warranty 默示保证459 express warranty 明示保证460 estoppel 禁止反言461 wavier 弃权462 sue and labour 施救义务463 successive loss 连续损失464 intent act 故意行为465 barratry 不法行为466 total loss 全损467 partial loss 部分损失468 actual total loss 实际全损469 constructive total loss 推定全损470 notice of abandonment 委付通知471 abandonment 委付472 assign 转让473 principal risks 主险474 additional risks 附加险475 free from particular average, F.P.A. 平安险476 withparticularaverage,W.A. 水渍险477 all risks 一切险478 total loss only 全损险479 exclusions 除外责任480 war risks 战争险481 strike risks 罢工险482 duration/period of insurance 保险期间483 perils insured against 列明风险484 deductible 免赔额485 protection and indemnity insurance, P&I insurance 保赔保险其他486 cabin luggage 自带行李487 checked luggage 非自带行李/托运行李488 towage contract 海上拖航合同489 tug 拖轮490 sister ship 姊妹船491 pollution damage to marine environment 海洋环境污染损害。

格林威治时间grigeneralrateincrease一般运费调高grossdeadweighttonnage总载重吨位grossregisteredtonnagegrt注册容积总吨grossweightgw毛重grounding触底gunnybag麻袋gunnymatting麻垫gwgrossweight毛重haguerules海牙规则haguevisbyrules海牙维斯比规则hamburgrules汉堡规则handhook手钩handymax杂散货船handysizedbulker小型散货船harbourdues港务费harbour海港hatchhatchcover舱盖hatchway舱口headchartercharterparty主租船合同headcharterer主租船人heavyfueloilhfo重油heavyliftadditionalsurcharge超重附加费heavyliftderrick重型吊杆heavylift超重货物heavyweather恶劣天气highdensitycargo重货hirestatement租金单hold船舱homeport船籍港homogeneouscargo同种货物hook吊钩hopper漏斗houseairwaybillhawb航空分运单housebl运输代理行提单housebilloflading运输代理行提单hovercraft气垫船hse安全环境与健康管理体系husbandry维修iaindependentaction单一价格调整icdinlandcontainerdepot内陆货箱堆场icebreaker破冰船identityofcarrierclause承运人责任条款idle船舶设备闲置idleformality例行手续immediaterebate直接回扣impactrecorder冲击记录仪importentry进口报关inapparentgoodorderandcondition外表状况良好indemnity赔偿inducementcargo起运量货物inducement起运量industrialsafety工业安全inflationadjustmentfactoriaf通货膨胀膨胀调整系数infrastructureofaport港口基础设施inherentvice固有缺陷inlandcontainerdepot内陆集装箱institute

统一提单的若干法律规则的国际公约（1924年8月22日订于布鲁塞尔，1924年8月25日颁布，1942年8月25日实施）《海牙规则》第一条本公约所用下列各词，涵义如下:(a) “承运人”包括与托运人订有运输合同的船舶所有人或租船人。

(b) “运输合同”仅适用于以提单或任何类似的物权凭证进行有关海上货物运输的合同；在租船合同下或根据租船合同所签发的提单或任何物权凭证，在它们成为制约承运人与凭证持有人之间的关系准则时，也包括在内。

(c) “货物”包括货物、制品、商品和任何种类的物品，但活牲畜以及在运输合同上载明装载于舱面上并且已经这样装运的货物除外。

(d) “船舶”是指用于海上货物运输的任何船舶。

(e) “货物运输”是指自货物装上船时起，至卸下船时止的一段期间。

第二条除遵照第六条规定外，每个海上货物运输合同的承运人，对有关货物的装载、搬运、积载、运送、保管、照料和卸载，都应按照下列规定承担责任和义务，并享受权利和豁免。

第三条1．承运人须在开航前和开航时谨慎处理：(a) 使船舶适航；(b) 适当地配备船员、装备船舶和供应船舶；(c) 使货舱、冷藏舱和该船其他载货处所能适宜和安全地收受、运送和保管货物。

2．除遵照第四条规定外，承运人应适当和谨慎地装卸、搬运、积载、运送、保管、照料和卸载所运货物。

3．承运人或船长或承运人的代理人在收受货物归其照管后，经托运人的请求，应向托运人签发提单，其上载明下列各项：(a) 与开始装货前由托运人书面提供者相同的、为辨认货物所需的主要标志，如果这项标志是以印戳或其他方式标示在不带包装的货物上，或在其中装有货物的箱子或包装物上，该项标志通常应在航程终了时仍能保持清晰可认。

(b) 托运人用书面提供的包数或件数，或数量，或重量。

(c) 货物的表面状况。

但是，承运人、船长或承运人的代理人，不一定必须将任何货物的标志、号码、数量或重量表明或标示在提单上，如果他有合理根据怀疑提单不能正确代表实际收到的货物，或无适当方法进行核对的话。

1.过失免责事项
2.无过失免责条款
保留了航海过失免责，规定承运人的受雇人和代理人也可以援引航海过失免责，同时也将航海过失免责可对抗的请求理由扩大到侵权。
将不完全过失责任制度改为完全过失责任制度，废除了对驾驶船舶和管理船舶的过失免责的规定，并且要求由承运人自己证明无过失，否则其对货物的灭失、损害和延迟交货所造成的损失负赔偿责任。
管辖权
无
无
原告就货物运输的法律程序，可就法院地作下列选择：
①被告主营业所所在地或惯常居所所在地；或
②合同订立地，且合同是通过被告“在该地的营业所、分支机构或代理机构订立的；或
③装货港或卸货港；或
④海上运输合同中指定的其它地点。
诉讼时效延长，货物灭失或损害的诉讼时效为1年，从交付货物或应当交付货物时起算。诉讼事由发生后，只要双方当事人同意，这一诉讼期限可以延长。对于追偿时效，在规定的1年期满之后，只要是在受理案件的法院的法律准许期间内，便可向第三方提起索赔诉讼，但是准许时间自提起诉讼的人已经解决原索赔案件，或向其本人送达起诉状之日起算起，不得少于3个月。
关于火灾，规定应由索赔人举证证明承运人、其受雇人或代理人对火灾犯有过失，否则承运人可以免责。
几乎没有免责的机会，采用承运人完全过失责任原则，并且废除了承运人“管船过失”免责和“火灾过失”免责。
新设内容
1.明确了“喜马拉雅条款”法律地位；
2.增加了“集装箱条款”
电子运输记录
承运人的赔偿责任范围
最高赔偿额每件或每单位的货物损失为100英镑，但托运人在装货前已就该项货物与的性质和Βιβλιοθήκη 值提出声明并已在提单中注明的不在此限。
为了彻底纠正海运关系中承运人与货主间权利义务失衡的状况。
随着《汉堡规则》的生效，使得海上货物运输合同领域内的立法日趋复杂，而国际航海上货物运输法律领域的不统一间接影响贸易的顺利进行，增加因为法律不确定性导致的诉讼成本。

1《海商法》提单的证据力：第七十五条承运人或者代其签发提单的人，知道或者有合理的根据怀疑提单记载的货物的品名、标志、包数或者件数、重量或者体积与实际接收的货物不符，在签发己装船提单的情况下怀疑与已装船的货物不符，或者没有适当的方法核对提单记载的，可以在提单上批注，说明不符之处、怀疑的根据或者说明无法核对。

第七十六条承运人或者代其签发提单的人未在提单上批注货物表面状况的，视为货物的表面状况良好。

第七十七条除依照本法第七十五条的规定作出保留外，承运人或者代其签发提单的人签发的提单，是承运人已经按照提单所载状况收到货物或者货物已经装船的初步证据；承运人向善意受让提单的包括收货人在内的第三人提出的与提单所载状况不同的证据，不予承认。

2《海商法》承运人赔偿责任基础：第五十九条经证明，货物的灭失、损坏或者迟延交付是由于承运人的故意或者明知可能造成损失而轻率地作为或者不作为造成的，承运人不得援用本法第五十六条或者第五十七条限制赔偿责任的规定。

经证明，货物的灭失、损坏或者迟延交付是由于承运人的受雇人、代理人的故意或者明知可能造成损失而轻率地作为或者不作为造成的，承运人的受雇人或者代理人不得援用本法第五十六条或者第五十七条限制赔偿责任的规定。

第六十条承运人将货物运输或者部分运输委托给实际承运人履行的，承运人仍然应当依照本章规定对全部运输负责。

对实际承运人承担的运输，承运人应当对实际承运人的行为或者实际承运人的受雇人、代理人在受雇或者受委托的范围内的行为负责。

虽有前款规定，在海上运输合同中明确约定合同所包括的特定的部分运输由承运人以外的指定的实际承运人履行的，合同可以同时约定，货物在指定的实际承运人掌管期间发生的灭失、损坏或者迟延交付，承运人不负赔偿责任。

3《海商法》诉讼时效：第二百五十七条就海上货物运输向承运人要求赔偿的请求权，时效期间为一年，自承运人交付或者应当交付货物之日起计算；在时效期间内或者时效期间届满后，被认定为负有责任的人向第三人提起追偿请求的，时效期间为90日，自追偿请求人解决原赔偿请求之日起或者收到受理对其本人提起诉讼的法院的起诉状副本之日起计算。

早期，作为最大货主的美国 于1893年通过了《哈特法》 （Harter Act），这部法 诞生背景 律最大特点就在于对免责的 限制。哈特法这种规定对航 运界产生重大影响，并为 1924年海牙规则所接受。
加入成员 75个 只适用于缔约国所签发的提 单。这样，如果当事各方没 有事先约定，那么对同一航 公约适用 运公司所经营的同一航线上 范围不同 来往不同的货物，可能会出 现有的适用《海牙规则》， 有的不能适用《海牙规则》 的奇怪现象。
管辖权
同《海牙规则》。托运人索 赔，托运人举证。扩大了《海 偏重保护承运人的利益，有 牙规则》的适用范围，提高了 突出特点 利于航运业发达的国家 承运人的赔偿限额，对《海牙 规则》进行的修改和补充并未 触及其基本制度
、汉堡规则、鹿特丹规则、海商法比较
汉堡规则 1978年 我国海商法 1992年
为了彻底纠正海运关系中承运人与 货主间权利义务失衡的状况。
34个
不仅规定公约适用于两个不同缔约 国间的所有海上运输合同，而且规 定①被告所在地；②提单签发地； ③装货港；④卸货港；⑤运输合同 指定地点，五个地点之中任一在缔 约国的都可以适用
海上或与海相通的可航水域 的货物及旅客运输以及船舶 碰撞和海难救助等海上事故 。
承运人只有与托运人达成协议或符 合特定的贸易习惯或为法规或条例 要求时，才能在舱面载运货物，否 则要对舱面货物发生的损失负赔偿 责任。对于活动物，只要承运人证 明是按托运人对该动物作出的指示 办事，则对动物的灭失、损坏或延 迟交货造成的损失视为运输固有的 特殊风险而不承担责任。
不包括舱面货物和集装箱装 对货物的 运的货物及活动物，对货物 定义 定义的范围较窄
进一步规定，如果损失是由于 承运人蓄意造成的，或者知道 承运人的 （1）船舶适航的义务（2） 很可能会造成这一损害而毫不 义务 管货义务 在意的行为或不行为引起的， 则承运人无权享受责任限制的 权利

维斯比规则中文版1968年布鲁塞尔议定书——有关修改1924年8月25日在布鲁塞尔签订的统一提单的若干法律规定的国际公约的议定书(1968年2月23日颁布1978年1月1日实施)各缔约方，考虑到1924年8月25日在布鲁塞尔制订的统一提单的某些法律规定的国际公约加以修正是合乎需要的，兹协议如下:第一条1(第3条第4款增加下列规定:“但是，当该提单已被转让至善意行事的第三者时，与此相反的证据便不予接受。

”2(第3条第6款第4项应改为:“除第6款(之一)另有规定外，除自货物交付或本应交付之日起一年内提起诉讼外，在任何情况下，承运人和船舶将被免除对于货物的任何责任。

但是，在诉因发生以后，经当事方同意，这一期限加以延长。

”3(第3条第6款之后应增加第6款(之一):“即使在前款规定的一年期限届满之后，只要在受案法院所在地法律允许期间内，仍可以向第三方提起追偿诉讼。

但是，允许的时间自提起此种诉讼之人已经解决向其索赔的案件，或在对其本人的诉讼中收到送达的传票之日起算，不得少于三个月。

”第二条第4条第5款应予删除，并改为下列规定:(a) 不论是承运人或船舶，对超过每件或每单位相当于10 000法郎，或按灭失或受损货物毛重计算，每公斤相当于30法郎(两者之中以较高者为准)的货物或与货物有关的灭失或损害，在任何情况下，概不负责，除非货物的性质和价值已由托运人在货物装运前声明，并在提单上注明。

(b) 可赔偿的总额应参照该货物根据合同从船上卸下或本应卸下的当时当地的价值计算。

货物价值应按商品交换价格确定，或者，如无此种价格，按现时市场价格计算;如无商品交换价格和现时市场价格，参照相同品种和质量的货物的正常价值确定。

(c) 如货物是以集装箱、货盘或类似的运输工具集装，则提单中载明的装在此种运输工具中的件数或单位数，应视为本款所述件数或单位数。

除上述情况之外，此种运输工具应视为一个包件或单位。

(d) 一个法郎是指一个含有纯度为千分之九百的黄金65.5毫克的单位。

Australian Treaty Series1993No23AND TRADEDEPARTMENT OF FOREIGN AFFAIRSAFFAIRSANDCANBERRAProtocol(SDR Protocol)amending the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading of25August1924(The Hague Rules),as amended by the Protocol of23February1968(Visby Rules)(Brussels,21December1979)Entry into force generally:14February1984Entry into force for Australia:16October1993AUSTRALIAN TREATY SERIES1993No.23Australian Government Publishing ServiceCanberra(c)Commonwealth of Australia1995PROTOCOL [1]AMENDING THE INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLSOF LADING OF 25AUGUST 1924,AS ASAMENDEDAMENDED BY THE PROTOCOL OF 23FEBRUARY 1968THE CONTRACTING PARTIES PARTIESTOTO THE PRESENT PROTOCOL,BEING PARTIES to the International Convention for the unification of certain rules of law relating to bills of lading,done at Brussels on 25th August 1924[2],as amended by the Protocol toamend that Convention,done at Brussels on 23rd February 1968[3],HAVE AGREED as follows:Article IFor the purpose of this Protocol,"Convention"means the International Convention for the unification of certain rules of law relating to bills of lading and its Protocol of signature,done at Brussels on 25th August 1924,as amended by the Protocol,done at Brussels on 23rd February1968.Article II(1)Article 4,paragraph 5(a)of the Convention is replaced by the following:"(a)Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading,neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding 666.67units of account per package or unit or 2units of account per kilogramme of gross weight of thegoods lost or damaged,whichever is the higher."(2)Article 4,paragraph 5(d)of the Convention is replaced by the following:"(d)The unit of account mentioned in this Article is the Special Drawing Right as defined by the International Monetary Fund.The amounts mentioned in sub-paragraph (a)of this paragraph shall be converted into national currency on the basis of the value of that currency on a date to bedetermined by the law of the Court seized of the case.The value of the national currency,in terms of the Special Drawing Right,of a State which is a member of the International Monetary Fund,shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions.The value of the national currency,in terms of the Special Drawing Right,of a State which is not a member of the International Monetary Fund,shall be calculated in amanner determined by that State.Nevertheless,a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of the preceding sentences may,at the time of ratification of the Protocol of1979or accession thereto or at any time thereafter,declare that the limits of liability provided for in this Convention to be applied in its territory shall be fixed asfollows:(i)in respect of the amount of666.67units of account mentioned in sub-paragraph(a)of paragraph5of this Article,10,000monetary units;(ii)in respect of the amount of2units of account mentioned in sub-paragraph(a)of paragraph5ofthis Article,30monetary units.The monetary unit referred to in the preceding sentence corresponds to65.5milligrammes of gold of millesimal fineness900'.The conversion of the amounts specified in that sentence into the national currency shall be made according to the law of the State concerned.The calculation and the conversion mentioned in the preceding sentences shall be made in such a manner as to express in the national currency of the State as far as possible the same real value for the amounts in sub-paragraph(a)of paragraph5of this Article as is expressed there in units ofaccount.States shall communicate to the depositary the manner of calculation or the result of the conversion as the case may be,when depositing an instrument of ratification of the Protocol of1979or of accession thereto and whenever there is a change in either."Article IIIAny dispute between two or more Contracting Parties concerning the interpretation or application of the present Protocol,which cannot be settled through negotiation,shall,at the request of one of them,be submitted to arbitration.If within six months from the date of the request for arbitration the Parties are unable to agree on the organisation of the arbitration,any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of theCourt.Article IV(1)Each Contracting Party may at the time of signature or ratification of this Protocol or ofaccession thereto,declare that it does not consider itself bound by Article III.(2)Any Contracting Party having made a reservation in accordance with paragraph(1)may at anytime withdraw this reservation by notification to the Belgian Government.Article VThis Protocol shall be open for signature by the States which have signed the Convention of25 August1924or the Protocol of23February1968or which are Parties to the Convention.Article VI(1)This Protocol shall be ratified.(2)Ratification of this Protocol by any State which is not a Party to the Convention shall have theeffect of ratification of the Convention.(3)The instruments of ratification shall be deposited with the Belgian Government.Article VII(1)States not referred to in Article V may accede to this Protocol[4].(2)Accession to this Protocol shall have the effect of accession to the Convention.(3)The instruments of accession shall be deposited with the Belgian Government.Article VIII(1)This Protocol shall come into force three months after the date of the deposit of five instrumentsof ratification or accession[5].(2)For each State which ratifies this Protocol or accedes thereto after the fifth deposit,this Protocol shall come into force three months after the deposit of its instrument of ratification or accession[6].Article IX(1)Any Contracting Party may denounce this Protocol by notification to the Belgian Government.(2)The denunciation shall take effect one year after the date on which the notification has beenreceived by the Belgian Government.Article X(1)Each State may at the time of signature,ratification or accession or at any time thereafter declareby written notification to the Belgian Government which among the territories for whose international relations it is responsible,are those to which the present Protocol applies.The Protocol shall three months after the date of the receipt of such notification by the Belgian Government extend to the territories named therein,but not before the date of the coming into force of theProtocol in respect of such State.(2)This extension also shall apply to the Convention if the latter is not yet applicable to theseterritories.(3)Any Contracting Party which has made a declaration under paragraph(1)of this Article may at any time thereafter declare by notification given to the Belgian Government that the Protocol shallcease to extend to such territories.This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government.Article XIThe Belgian Government shall notify the signatory and acceding States of the following:1.The signatures,ratifications and accessions received in accordance with Articles V,VI and VII.2.The date on which the present Protocol will come into force in accordance with Article VIII.3.The notifications with regard to the territorial application in accordance with Article X.4.The declarations and communications made in accordance with Article II.5.The declarations made in accordance with Article IV.6.The denunciations received in accordance with Article IX.WHEREOF the undersigned,duly authorized thereto,have signed this Protocol. IN WITNESSWITNESSWHEREOFDONE at Brussels,this21st day of December1979,in the English and French languages,both texts being equally authentic,in a single copy,which shall remain deposited in the archives of the Belgian Government,which shall issue certified copies.[Signatures not reproduced here.]PROTOCOL[7]TO AMEND THE INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING,DONE AT BRUSSELS ON25AUGUST1924THE CONTRACTING PARTIES,CONSIDERING that it is desirable to amend the International Convention for the unification of certain rules of law relating to Bills of Lading,signed at Brussels on25th August1924,HAVE AGREED as follows:Article1(1)In Article3,paragraph4,shall be added:"However,proof to the contrary shall not be admissible when the Bill of Lading has beentransferred to a third party acting in good faith".(2)In Article3,paragraph6,sub-paragraph4shall be deleted and replaced by:"Subject to paragraph6bis the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods,unless suit is brought within one year of their delivery or of the date when they should have been delivered.This period may,however,be extended if the parties soagree after the cause of action has arisen".(3)In Article3,after paragraph6,shall be added the following paragraph6bis:"An action for indemnity against a third person may be brought even after the expiration of the year provided for in the preceding paragraph if brought within the time allowed by the law of the Court seized of the case.However,the time allowed shall be not less than three months,commencing from the day when the person bringing such action for indemnity has settled the claim or has beenserved with process in the action against himself".Article2Article4,paragraph5,shall be deleted and replaced by the following:"(a)Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the Bill of Lading,neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding the equivalent of10,000francs per package or unit or30francs per kilo of gross weight of the goodslost or damaged,whichever is the higher.(b)The total amount recoverable shall be calculated by reference to the value of such goods at the place and time at which the goods are discharged from the ship in accordance with the contract orshould have been so discharged.The value of the goods shall be fixed according to the commodity exchange price,or,if there be no such price,according to the current market price,or,if there be no commodity exchange price or current market price,by reference to the normal value of goods of the same kind and quality.(c)Where a container,pallet or similar article of transport is used to consolidate goods,the number of packages or units enumerated in the Bill of Lading as packed in such article of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned.Except as aforesaid such article of transport shall be considered the packageor unit.(d)A franc means a unit consisting of65.5milligrammes of gold of millesimal fineness900'.The date of conversion of the sum awarded into national currencies shall be governed by the law of theCourt seized of the case.(e)Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage,or recklessly and with knowledge that damage wouldprobably result.(f)The declaration mentioned in sub-paragraph(a)of this paragraph,if embodied in the Bill ofLading,shall be prima facie evidence,but shall not be binding or conclusive on the carrier.(g)By agreement between the carrier,master or agent of the carrier and the shipper other maximum amounts than those mentioned in sub-paragraph(a)of this paragraph may be fixed,provided that no maximum amount so fixed shall be less than the appropriate maximum mentioned in that sub-paragraph.(h)Neither the carrier nor the ship shall be responsible in any event for loss or damage to,or in connection with,goods if the nature or value thereof has been knowingly mis-stated by the shipperin the Bill of Lading".Article3Between Articles4and5of the Convention shall be inserted the following Article4bis:"1.The defences and limits of liability provided for in this Convention shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whetherthe action be founded in contract or in tort.2.If such an action is brought against a servant or agent of the carrier(such servant or agent notbeing an independent contractor),such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under this Convention.3.The aggregate of the amounts recoverable from the carrier,and such servants and agents,shall inno case exceed the limit provided for in this Convention.4.Nevertheless,a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this Article,if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damagewould probably result".Article4Article9of the Convention shall be deleted and replaced by the following:"This Convention shall not affect the provisions of any international Convention or national lawgoverning liability for nuclear damage".Article5Article10of the Convention shall be deleted and replaced by the following:"The provisions of this Convention shall apply to every Bill of Lading relating to the carriage ofgoods between ports in two different States if:(a)the Bill of Lading is issued in a Contracting State,or(b)the carriage is from a port in a Contracting State,or(c)the contract contained in or evidenced by the Bill of Lading provides that the rules of thisConvention or legislation of any State giving effect to them are to govern the contractwhatever may be the nationality of the ship,the carrier,the shipper,the consignee,or any otherinterested person.Each Contracting State shall apply the provisions of this Convention to the Bills of Ladingmentioned above.This Article shall not prevent a Contracting State from applying the rules of this Convention to Bills of Lading not included in the preceding paragraphs".Article6As between the Parties to this Protocol the Convention and the Protocol shall be read andinterpreted together as one single instrument.A Party to this Protocol shall have no duty to apply the provisions of this Protocol to Bills of Ladingissued in a State which is a Party to the Convention but which is not a Party to this Protocol.Article7As between the Parties to this Protocol,denunciation by any of them of the Convention in accordance with Article15thereof,shall not be construed in any way as a denunciation of theConvention as amended by this Protocol.Article8Any dispute between two or more Contracting Parties concerning the interpretation or application of the Convention which cannot be settled through negotiation,shall,at the request of one of them, be submitted to arbitration.If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration,any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of theCourt.Article9(1)Each Contracting Party may at the time of signature or ratification of this Protocol or accessionthereto,declare that it does not consider itself bound by Article8of this Protocol.The other Contracting Parties shall not be bound by this Article with respect to any Contracting Party havingmade such a reservation.(2)Any Contracting Party having made a reservation in accordance with paragraph1may at anytime withdraw this reservation by notification to the Belgian Government.Article10This Protocol shall be open for signature by the States which have ratified the Convention or which have adhered thereto before the23rd February1968,and by any State represented at the twelfth session(1967-1968)of the Diplomatic Conference on Maritime Law.Article11(1)This Protocol shall be ratified.(2)Ratification of this Protocol by any State which is not a Party to the Convention shall have theeffect of accession to the Convention.(3)The instruments of ratification shall be deposited with the Belgian Government.Article12(1)States,Members of the United Nations or Members of the specialized agencies of the United Nations,not represented at the twelfth session of the Diplomatic Conference on Maritime Law,mayaccede to this Protocol.(2)Accession to this Protocol shall have the effect of accession to the Convention.(3)The instruments of accession shall be deposited with the Belgian Government.Article13(1)This Protocol shall come into force three months after the date of the deposit of ten instruments of ratification or accession,of which at least five shall have been deposited by States that have eacha tonnage equal or superior to one million gross tons of tonnage.(2)For each State which ratifies this Protocol or accedes thereto after the date of deposit of the instrument of ratification or accession determining the coming into force such as is stipulated in paragraph(1)of this Article,this Protocol shall come into force three months after the deposit of itsinstrument of ratification or accession.Article14(1)Any Contracting State may denounce this Protocol by notification to the Belgian Government.(2)This denunciation shall have the effect of denunciation of the Convention.(3)The denunciation shall take effect one year after the date on which the notification has beenreceived by the Belgian Government.Article15(1)Any Contracting State may at the time of signature,ratification or accession or at any time thereafter declare by written notification to the Belgian Government which among the territories under its sovereignty or for whose international relations it is responsible,are those to which thepresent Protocol applies.The Protocol shall three months after the date of the receipt of such notification by the Belgian Government extend to the territories named therein,but not before the date of the coming into forceof the Protocol in respect of such State.(2)This extension also shall apply to the Convention if the latter is not yet applicable to thoseterritories.(3)Any Contracting State which has made a declaration under paragraph(1)of this Article may at any time thereafter declare by notification given to the Belgian Government that the Protocol shall cease to extend to such territory.This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government;it also shall apply to theConvention.Article16The Contracting Parties may give effect to this Protocol either by giving it the force of law or by including in their national legislation in a form appropriate to that legislation the rules adoptedunder this Protocol.Article17The Belgian Government shall notify the States represented at the twelfth session(1967-1968)of the Diplomatic Conference on Maritime Law,the acceding States to this Protocol,and the StatesParties to the Convention,of the following:1.The signatures,ratifications and accessions received in accordance with Articles10,11and12.2.The date on which the present Protocol will come into force in accordance with Article13.3.The notifications with regard to the territorial application in accordance with Article 15.4.The denunciations received in accordance with Article 14.IN WITNESS WITNESSWHEREOFWHEREOF the undersigned Plenipotentiaries,duly authorized,have signed this Protocol.DONE at Brussels,this 23rd day of February 1968,in the French and English languages,both textsbeing equally authentic,in a single copy,which shall remain deposited in the archives of theBelgian Government,which shall issue certified copies.[Signatures not reproduced here.][1]Known as the SDR Protocol.[2]Known as The Hague Rules.ATS 1956No.2UKTS 1931No.17(Cmd.3806);LNTS 120p.155.[3]Known as the Visby Rules.For text see page 6.[4]Instrument of accession deposited for Australia 16July 1993,together with the followingstatement:"Australia hereby expresses its intention not to be considered,in relation to any state,as a party to the International Convention for the Unification of certain Rules of Law relating to Bills of Lading,done at Brussels on August 25,1924,in its unamended form,or to that Convention as amended bythe Protocol to amend that Convention,done at Brussels on February 23,1968."[5]The Protocol entered into force generally 14February 1984.[6]The Protocol entered into force for Australia 16October 1993.。

根据《汉堡规则》的规定，凡《海牙规则》和/或《维斯比规则》的成员，在加入《汉堡规则》时，必须声明退出以上两个条约。
适用于任何方式的运输合同，只要其中有部分运输是通过海运完成的即可。此外,运输合同还必须和缔约国有地理上的联系，即只要运输合同约定的收货地、装货港、交货地或卸货港之一位于一个缔约国之内，公约就适用。
为了彻底纠正海运关系中承运人与货主间权利义务失衡的状况。
随着《汉堡规则》的生效，使得海上货物运输合同领域内的立法日趋复杂，而国际航海上货物运输法律领域的不统一间接影响贸易的顺利进行，增加因为法律不确定性导致的诉讼成本。
突出特点
偏重保护承运人的利益，有利于航运业发达的国家
扩大了《海牙规则》的适用范围，提高了承运人的赔偿限额，对《海牙规则》进行的修改和补充并未触及其基本制度
承运人赔偿责任限额提高。规定承运人对货物的灭失或损坏的赔偿限额为每件或者每一货运单位875SDR，或者毛重每公斤3SDR，以两者中较高者为准。
托运人的义务和责任
保证义务和通知义务；同时适用完全过错责任原则。
过失责任制度和因果联系原则。
诉讼时效
根据海上货物运输合同有权收货的人，在提货时如发现货物灭失或损害，应当立即向承运人或其代理人提交关于货损的书面通知，如果货损不明显，则在提货后3天内提交。权利人从货物交付之日或应交付之日起1年内提起诉讼，承运人和船舶在任何情况下都免除对货物灭失或损害所负的一切责任。
货物的范围
不包括舱面货物和集装箱装运的货物及活动物
承运人只有与托运人达成协议或符合特定的贸易习惯或为法规或条例要求时，才能在舱面载运货物，否则要对舱面货物发生的损失负赔偿责任。对于活动物，只要承运人证明是按托运人对该动物作出的指示办事，则对动物的灭失、损坏或延迟交货造成的损失视为运输固有的特殊风险而不承担责任。

海牙-维斯比规则（The Hague-Visby Rules）（英文版）The Hague-Visby RulesThe Hague Rules as Amended by the Brussels Protocol 1968Article I2In these Rules the following words are employed, with the meanings set out below:3(a) 'Carrier' includes the owner or the charterer who enters into a contract of carriage with a shipper.4(b) 'Contract of carriage' applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same.5(c) 'Goods' includes goods, wares, merchandise, and articles of every kind whatsoever except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried.6(d) 'Ship' means any vessel used for the carriage of goods by sea.7(e) 'Carriage of goods' covers the period from the time when the goods are loaded on to the time they are discharged from the ship.8Article II9Subject to the provisions of Article VI, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities and entitled to the rights and immunities hereinafter set forth.10Article III111. The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to:12(a) Make the ship seaworthy;13(b) Properly man, equip and supply the ship;14(c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.152. Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried.163. After receiving the goods into his charge the carrier or the master or agent of the carrier shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things:17(a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, providedsuch marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage.18(b) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper.19(c) The apparent order and condition of the goods.20Provided that no carrier, master or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quantity or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking.214. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3 (a), (b) and (c). However, proof to the contrary shall not be admissible when the bill of lading has been transferred to a third party acting in good faith.225. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.236. Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.24The notice in writing need not be given if the state of the goods has, at the time of their receipt, been the subject of joint survey or inspection.25Subject to paragraph 6bis the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought withinone year of their delivery or of the date when they should have been delivered. This period, may however, be extended if the parties so agree after the cause of action has arisen.26In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods.276 bis. An action for indemnity against a third person may be brought even after the expiration of the year provided for in the preceding paragraph if brought withinthe time allowed by the law of the Court seized of the case. However, the time allowed shall be not less than three months, commencing from the day when theperson bringing such action for indemnity has settled the claim or has been served with process in the action against himself.287, After the goods are loaded the bill of lading to be issued by the carrier, master, or agent of the carrier, to the shipper shall, if the shipper so demands be a 'shipped'bill of lading, provided that if the shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the issue of the'shipped' bill of lading, but at the option of the carrier such document of title may be noted at the port of shipment by the carrier, master, or agent with the name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted, if it shows the particulars mentioned in paragraph 3 of Article III, shall for the purpose of this article be deemed to constitute a 'shipped' bill of lading.298. Any clause, covenant, or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to, or in connection with, goodsarising from negligence, fault, or failure in the duties and obligations provided in this article or lessening such liability otherwise than as provided in these Rules,shall be null and void and of no effect. A benefit of insurance in favour of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability.30Article IV311. Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part ofthe carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article III. Whenever loss or damage has resulted from unseaworthiness the burden of proving the exercise of due diligence shall be on the carrier or other personclaiming exemption under this article.322. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from:33(a) Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship.34(b) Fire, unless caused by the actual fault or privity of the carrier.35(c) Perils, dangers and accidents of the sea or other navigable waters.36(d) Act of God.37(e) Act of war.38(f) Act of public enemies.39(g) Arrest or restraint of princes, rulers or people, or seizure under legal process.40(h) Quarantine restrictions.41(i) Act or omission of the shipper or owner of the goods, his agent or representative.42(j) Strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or general.43(k) Riots and civil commotions.44(l) Saving or attempting to save life or property at sea.45(m) Wastage in bulk of weight or any other loss or damage arising from inherent defect, quality or vice of the goods.46(n) Insufficiency of packing.47(o) Insufficiency or inadequacy of marks.48(p) Latent defects not discoverable by due diligence.49(q) Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.503. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect ofthe shipper, his agents or his servants.514. Any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of these Rulesor of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom.525 (a) Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding the equivalent of 666.67 units of account per package or unit or units of account per kilo of gross weight of the goods lost or damaged, whichever is the higher.53(b) The total amount recoverable shall be calculated by reference to the value of such goods at the place and time at which the goods are discharged from the ship in accordance with the contract or should have been so discharged.54The value of the goods shall be fixed according to the commodity exchange price, or, if there be no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.55(c) Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or units enumerated in the bill of lading as packed in such article of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned. Except as aforesaid such article of transport shall be considered the package or unit.56(d) The unit of account mentioned in this Article is the special drawing right as defined by the International Monetary Fund. The amounts mentioned inh_visby/art/art04_5asub-paragraph (a) of this paragraph shall be converted into national currency on the basis of the value of that currency on a date to be determined by the law of the Court seized of the case.57(e) Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided for in this paragraph if it is proved that the damage resultedfrom an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probably result.58(f) The declaration mentioned in sub-paragraph (a) of this paragraph, if embodied in the bill of lading, shall be prima facie evidence, but shall not be binding or conclusive on the carrier.59(g) By agreement between the carrier, master or agent of the carrier and the shipper other maximum amounts than those mentioned in sub-paragraph (a) of this paragraph may be fixed, provided that no maximum amount so fixed shall be less than the appropriate maximum mentioned in that sub-paragraph.60(h) Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connection with, goods if the nature or value thereof has been knowingly mis-stated by the shipper in the bill of lading.61 6. Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or agent of the carrier has not consented with knowledge oftheir nature and character, may at any time before discharge be landed at any place, or destroyed or rendered innocuous by the carrier without compensation and the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment. If any such goods shippedwith such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place, or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any.62Article IV631. The defences and limits of liability provided for in these Rules shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort.642. If such an action is brought against a servant or agent of the carrier (such servant or agent not being an independent contractor), such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under these Rules.653. The aggregate of the amounts recoverable from the carrier, and such servants and agents, shall in no case exceed the limit provided for in these Rules.66 4. Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this article, if it is proved that the damage resulted from anact or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.67Article V68A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and obligations under these Rules, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper. The provisions of these Rules shall not be applicable tocharter parties, but if bills of lading are issued in the case of a ship under a charter party they shall comply with the terms of these Rules. Nothing in these Rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.69Article VI70Notwithstanding the provisions of the preceding articles, a carrier, master or agent of the carrier and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is not contrary to public policy, or the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care and discharge of the goods carried by sea, provided that in this case no bill of lading has been or shall beissued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.71An agreement so entered into shall have full legal effect.72Provided that this article shall not apply to ordinary commercial shipments made in the ordinary course of trade, but only to other shipments where the character or condition of the property to be carried or the circumstances, terms and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement.73Article VII74Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reservation or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to, or in connection with, the custody and care and handling of goods prior to the loading on, and subsequent to the discharge from, the ship on which the goods are carried by sea.75Article VIII76The provisions of these Rules shall not affect the rights and obligations of the carrier under any statute for the time being in force relating to the limitation of the liability of owners of sea-going vessels.77Article IX78These Rules shall not affect the provisions of any international Convention or national law governing liability for nuclear damage.79Article X80The provisions of these Rules shall apply to every bill of lading relating to the carriage of goods between ports in two different States if81(a) the bill of lading is issued in a contracting State, or82(b) the carriage is from a port in a contracting State, or83(c) the contract contained in or evidenced by the bill of lading provides that these Rules or legislation of any State giving effect to them are to govern the contract;84whatever may be the nationality of the ship, the carrier, the shipper, the consignee, or any other interested person.85(The last two paragraphs of this Article are not reproduced. They require contracting States to apply the Rules to bills of lading mentioned in the Article and authorise them to apply the Rules to other bills of lading).86(Article 11 to 16 of the International Convention for the unification of certain rules of law relating to bills of lading signed at Brussels on August 25, 1974 are not reproduced. They deal with the coming into force of the Convention, procedure for ratification, accession and denunciation and the right to call for a fresh conferenceto consider amendments to the Rules contained in the Convention).。

The Hague-Visby RulesThe Hague Rules as Amended by the Brussels Protocol1968copy@∗∗Generated by SiSU www.jus.uio.no/sisuGenerated by SiSU www.jus.uio.no/sisu[SiSU0.47.5of2006w39/0]using SiSU:object citation numbering,markup,meta-markup,and system ©Ralph Amissah1997,current2006,All Rights Reserved.SiSU is released under GPL2or later,/licenses/gpl.html.Document information:sourcefile sea.carriage.hague.visby.rules.1968.sstGenerated by SiSU www.jus.uio.no/sisu version information:SiSU0.47.5of2006w39/0ContentsContentsThe Hague-Visby Rules The Hague Rules as Amended by the Brussels Pro-tocol19681 Article I (1)Article II (1)Article III (1)Article IV (3)Article IV bis (5)Article V (5)Article VI (6)Article VII (6)Article VIII (6)Article IX (6)Article X (6)Document Information8 MetaData (8)Information on this document copy and an unofficial List of Some web related information and sources9 Information on this document copy (9)Links that may be of interest (9)T HE H AGUE-V ISBY R ULES1 T HE H AGUE R ULES AS A MENDED BY THE B RUSSELS P ROTOCOL1968 Article I2 In these Rules the following words are employed,with the meanings set out below:3 (a)‘Carrier’includes the owner or the charterer who enters into a contract of carriage with a4 shipper.(b)‘Contract of carriage’applies only to contracts of carriage covered by a bill of lading or any5 similar document of title,in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same.(c)‘Goods’includes goods,wares,merchandise,and articles of every kind whatsoever except6 live animals and cargo which by the contract of carriage is stated as being carried on deck andis so carried.(d)‘Ship’means any vessel used for the carriage of goods by sea.7(e)‘Carriage of goods’covers the period from the time when the goods are loaded on to the8 time they are discharged from the ship.Article II9 Subject to the provisions of Article VI,under every contract of carriage of goods by sea the10 carrier,in relation to the loading,handling,stowage,carriage,custody,care and discharge of such goods,shall be subject to the responsibilities and liabilities and entitled to the rights and immunities hereinafter set forth.Article III11 1.The carrier shall be bound before and at the beginning of the voyage to exercise due diligence12 to:(a)Make the ship seaworthy;13(b)Properly man,equip and supply the ship;14(c)Make the holds,refrigerating and cool chambers,and all other parts of the ship in which15 goods are carried,fit and safe for their reception,carriage and preservation.2.Subject to the provisions of Article IV,the carrier shall properly and carefully load,handle,16 stow,carry,keep,care for,and discharge the goods carried.3.After receiving the goods into his charge the carrier or the master or agent of the carrier shall,17 on demand of the shipper,issue to the shipper a bill of lading showing among other things:(a)The leading marks necessary for identification of the goods as the same are furnished in18writing by the shipper before the loading of such goods starts,provided such marks are stampedor otherwise shown clearly upon the goods if uncovered,or on the cases or coverings in which such goods are contained,in such a manner as should ordinarily remain legible until the end of the voyage.(b)Either the number of packages or pieces,or the quantity,or weight,as the case may be,as19 furnished in writing by the shipper.(c)The apparent order and condition of the goods.20 Provided that no carrier,master or agent of the carrier shall be bound to state or show in the bill21 of lading any marks,number,quantity or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received,or which he has had no reasonable means of checking.4.Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods22 as therein described in accordance with paragraph3(a),(b)and(c).However,proof to the contrary shall not be admissible when the bill of lading has been transferred to a third party acting in good faith.5.The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time23 of shipment of the marks,number,quantity and weight,as furnished by him,and the shipper shall indemnify the carrier against all loss,damages and expenses arising or resulting from inaccuracies in such particulars.The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.6.Unless notice of loss or damage and the general nature of such loss or damage be given in24 writing to the carrier or his agent at the port of discharge before or at the time of the removalof the goods into the custody of the person entitled to delivery thereof under the contract of carriage,or,if the loss or damage be not apparent,within three days,such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.The notice in writing need not be given if the state of the goods has,at the time of their receipt,25 been the subject of joint survey or inspection.Subject to paragraph6bis the carrier and the ship shall in any event be discharged from all26 liability whatsoever in respect of the goods,unless suit is brought within one year of their delivery or of the date when they should have been delivered.This period,may however,be extended if the parties so agree after the cause of action has arisen.In the case of any actual or apprehended loss or damage the carrier and the receiver shall give27 all reasonable facilities to each other for inspecting and tallying the goods.6bis.An action for indemnity against a third person may be brought even after the expiration of28 the year provided for in the preceding paragraph if brought within the time allowed by the lawof the Court seized of the case.However,the time allowed shall be not less than three months, commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself.7,After the goods are loaded the bill of lading to be issued by the carrier,master,or agent of29the carrier,to the shipper shall,if the shipper so demands be a‘shipped’bill of lading,provided that if the shipper shall have previously taken up any document of title to such goods,he shall surrender the same as against the issue of the‘shipped’bill of lading,but at the option of the carrier such document of title may be noted at the port of shipment by the carrier,master,or agent with the name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment,and when so noted,if it shows the particulars mentioned in paragraph3of Article III,shall for the purpose of this article be deemed to constitute a‘shipped’bill of lading.8.Any clause,covenant,or agreement in a contract of carriage relieving the carrier or the30 ship from liability for loss or damage to,or in connection with,goods arising from negligence, fault,or failure in the duties and obligations provided in this article or lessening such liability otherwise than as provided in these Rules,shall be null and void and of no effect.A benefit of insurance in favour of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability.Article IV31 1.Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from un-32 seaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy,and to secure that the ship is properly manned,equipped and supplied,and to make the holds,refrigerating and cool chambers and all other parts of the ship in which goods are car-riedfit and safe for their reception,carriage and preservation in accordance with the provisionsof paragraph1of Article III.Whenever loss or damage has resulted from unseaworthiness the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this article.2.Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting33 from:(a)Act,neglect,or default of the master,mariner,pilot,or the servants of the carrier in the34 navigation or in the management of the ship.(b)Fire,unless caused by the actual fault or privity of the carrier.35(c)Perils,dangers and accidents of the sea or other navigable waters.36(d)Act of God.37(e)Act of war.38(f)Act of public enemies.39(g)Arrest or restraint of princes,rulers or people,or seizure under legal process.40(h)Quarantine restrictions.41(i)Act or omission of the shipper or owner of the goods,his agent or representative.42 (j)Strikes or lockouts or stoppage or restraint of labour from whatever cause,whether partial43 or general.(k)Riots and civil commotions.44(l)Saving or attempting to save life or property at sea.45 (m)Wastage in bulk of weight or any other loss or damage arising from inherent defect,quality46 or vice of the goods.(n)Insufficiency of packing.47 (o)Insufficiency or inadequacy of marks.48 (p)Latent defects not discoverable by due diligence.49 (q)Any other cause arising without the actual fault or privity of the carrier,or without the50 fault or neglect of the agents or servants of the carrier,but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the lossor damage.3.The shipper shall not be responsible for loss or damage sustained by the carrier or the ship51 arising or resulting from any cause without the act,fault or neglect of the shipper,his agents or his servants.4.Any deviation in saving or attempting to save life or property at sea or any reasonable52 deviation shall not be deemed to be an infringement or breach of these Rules or of the contractof carriage,and the carrier shall not be liable for any loss or damage resulting therefrom.5(a)Unless the nature and value of such goods have been declared by the shipper before53 shipment and inserted in the bill of lading,neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding the equivalent of666.67units of account per package or unit or units of account per kilo of gross weight of the goods lost or damaged,whichever is the higher.(b)The total amount recoverable shall be calculated by reference to the value of such goods54 at the place and time at which the goods are discharged from the ship in accordance with the contract or should have been so discharged.The value of the goods shall befixed according to the commodity exchange price,or,if there55 be no such price,according to the current market price,or,if there be no commodity exchange price or current market price,by reference to the normal value of goods of the same kind and quality.(c)Where a container,pallet or similar article of transport is used to consolidate goods,the56 number of packages or units enumerated in the bill of lading as packed in such article of trans-port shall be deemed the number of packages or units for the purpose of this paragraph as faras these packages or units are concerned.Except as aforesaid such article of transport shall be considered the package or unit.(d)The unit of account mentioned in this Article is the special drawing right as defined by the57 International Monetary Fund.The amounts mentioned in h visby/art/art045asub-paragraph(a)of this paragraph shall be converted into national currency on the basis of the value of that currency on a date to be determined by the law of the Court seized of the case.(e)Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability58 provided for in this paragraph if it is proved that the damage resulted from an act or omissionof the carrier done with intent to cause damage,or recklessly and with knowledge that damage would probably result.(f)The declaration mentioned in sub-paragraph(a)of this paragraph,if embodied in the bill of59 lading,shall be prima facie evidence,but shall not be binding or conclusive on the carrier.(g)By agreement between the carrier,master or agent of the carrier and the shipper other max-60 imum amounts than those mentioned in sub-paragraph(a)of this paragraph may befixed,pro-vided that no maximum amount sofixed shall be less than the appropriate maximum mentionedin that sub-paragraph.(h)Neither the carrier nor the ship shall be responsible in any event for loss or damage to,or61 in connection with,goods if the nature or value thereof has been knowingly mis-stated by the shipper in the bill of lading.6.Goods of an inflammable,explosive or dangerous nature to the shipment whereof the carrier,62 master or agent of the carrier has not consented with knowledge of their nature and character, may at any time before discharge be landed at any place,or destroyed or rendered innocuous by the carrier without compensation and the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment.If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place,or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average,if any.Article IV bis63 1.The defences and limits of liability provided for in these Rules shall apply in any action64 against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort.2.If such an action is brought against a servant or agent of the carrier(such servant or agent not65 being an independent contractor),such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under these Rules.3.The aggregate of the amounts recoverable from the carrier,and such servants and agents,66 shall in no case exceed the limit provided for in these Rules.4.Nevertheless,a servant or agent of the carrier shall not be entitled to avail himself of the67 provisions of this article,if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.Article V68 A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immuni-69 ties or to increase any of his responsibilities and obligations under these Rules,provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.The provi-sions of these Rules shall not be applicable to charter parties,but if bills of lading are issued in the case of a ship under a charter party they shall comply with the terms of these Rules.Nothingin these Rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.Article VI70 Notwithstanding the provisions of the preceding articles,a carrier,master or agent of the carrier71 and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods,and as to the rights and immunities of the carrier in respect of such goods,or his obligation as to seaworthiness,so far as this stipulation is not contrary to public policy,or the care or diligence of his servants or agents in regard to the loading,handling,stowage,carriage,custody,care and discharge of the goods carried by sea,provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.An agreement so entered into shall have full legal effect.72 Provided that this article shall not apply to ordinary commercial shipments made in the ordinary73 course of trade,but only to other shipments where the character or condition of the property to be carried or the circumstances,terms and conditions under which the carriage is to be per-formed are such as reasonably to justify a special agreement.Article VII74 Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement,75 stipulation,condition,reservation or exemption as to the responsibility and liability of the carrieror the ship for the loss or damage to,or in connection with,the custody and care and handlingof goods prior to the loading on,and subsequent to the discharge from,the ship on which the goods are carried by sea.Article VIII76 The provisions of these Rules shall not affect the rights and obligations of the carrier under any77 statute for the time being in force relating to the limitation of the liability of owners of sea-going vessels.Article IX78 These Rules shall not affect the provisions of any international Convention or national law79 governing liability for nuclear damage.Article X80 The provisions of these Rules shall apply to every bill of lading relating to the carriage of goods81 between ports in two different States if(a)the bill of lading is issued in a contracting State,or82(b)the carriage is from a port in a contracting State,or83(c)the contract contained in or evidenced by the bill of lading provides that these Rules or84 legislation of any State giving effect to them are to govern the contract;whatever may be the nationality of the ship,the carrier,the shipper,the consignee,or any other85 interested person.(The last two paragraphs of this Article are not reproduced.They require contracting States to86 apply the Rules to bills of lading mentioned in the Article and authorise them to apply the Rulesto other bills of lading).(Article11to16of the International Convention for the unification of certain rules of law87 relating to bills of lading signed at Brussels on August25,1974are not reproduced.They deal with the coming into force of the Convention,procedure for ratification,accession and denunciation and the right to call for a fresh conference to consider amendments to the Rules contained in the Convention).D OCUMENT I NFORMATIONMetaDataDocument Manifest@http://www.jus.uio.no/lm/sea.carriage.hague.visby.rules.1968/sisu manifest.htmlDublin Core(DC)DC tags included with this document are provided here.DC Title:The Hague-Visby RulesThe Hague Rules as Amended by the Brussels Protocol1968DC Date:1968Version InformationSourcefile:sea.carriage.hague.visby.rules.1968.lm3Filetype:UTF-8assumed,encoding undeterminedSourcefile Digest,MD5(sea.carriage.hague.visby.rules.1968.sst)=86ff88d2a677530765c49675e82e1fdf Skin Digest:MD5(/home/ralph/grotto/theatre/sisu/working/scribe/sabaki/lm/sisu/skin/dir/skin lm.rb)= 7a557a443b0d09211c87e7eaa8385cefGeneratedDocument(metaverse)last generated:Tue Oct0319:32:07+01002006Generated by:SiSU0.47.5of2006w39/0(20061001)Ruby version:ruby1.8.5(2006-08-25)[i486-linux]Information on this document copy and an unofficial List of Some web re-lated information and sources”Support Open Standards and Open Sources for the Information Technology Infrastructure”RAInformation on this document copy Generated by SiSU found at www.jus.uio.no/sisu[SiSU0.47.52006w39/0](using SiSU:object citation numbering,markup, meta-markup,and system)©Ralph Amissah1997,current2006,All Rights Reserved.SiSU is released under GPL2or later(/licenses/gpl.html).W3since October31993SiSU1997,current2006.Lex Mercatoria presentations at The Hague-Visby Rules¡br¿The Hague Rules as Amended by the Brussels Protocol1968pdf versions can be found at:http://www.jus.uio.no/sisu//sea.carriage.hague.visby.rules.1968/portrait.pdfhttp://www.jus.uio.no/sisu//sea.carriage.hague.visby.rules.1968/landscape.pdfThe Hague-Visby Rules¡br¿The Hague Rules as Amended by the Brussels Protocol1968html versions may be found at:http://www.jus.uio.no/sisu//sea.carriage.hague.visby.rules.1968/toc.html orhttp://www.jus.uio.no/sisu//sea.carriage.hague.visby.rules.1968/doc.htmlSiSU Manifest of document output and metadata may be found at:http://www.jus.uio.no/sisu//sea.carriage.hague.visby.rules.1968/sisu manifest.htmlLex Mercatoria found at:Links that may be of interest at Lex Mercatoria and elsewhere:Sea Carriage()http://www.jus.uio.no/sisu//transport.and.carriage.of.goods/seaLex Mercatoria home:。

1《海商法》提单的证据力：第七十五条承运人或者代其签发提单的人，知道或者有合理的根据怀疑提单记载的货物的品名、标志、包数或者件数、重量或者体积与实际接收的货物不符，在签发己装船提单的情况下怀疑与已装船的货物不符，或者没有适当的方法核对提单记载的，可以在提单上批注，说明不符之处、怀疑的根据或者说明无法核对。

第七十六条承运人或者代其签发提单的人未在提单上批注货物表面状况的，视为货物的表面状况良好。

第七十七条除依照本法第七十五条的规定作出保留外，承运人或者代其签发提单的人签发的提单，是承运人已经按照提单所载状况收到货物或者货物已经装船的初步证据；承运人向善意受让提单的包括收货人在内的第三人提出的与提单所载状况不同的证据，不予承认。

2《海商法》承运人赔偿责任基础：第五十九条经证明，货物的灭失、损坏或者迟延交付是由于承运人的故意或者明知可能造成损失而轻率地作为或者不作为造成的，承运人不得援用本法第五十六条或者第五十七条限制赔偿责任的规定。

经证明，货物的灭失、损坏或者迟延交付是由于承运人的受雇人、代理人的故意或者明知可能造成损失而轻率地作为或者不作为造成的，承运人的受雇人或者代理人不得援用本法第五十六条或者第五十七条限制赔偿责任的规定。

第六十条承运人将货物运输或者部分运输委托给实际承运人履行的，承运人仍然应当依照本章规定对全部运输负责。

对实际承运人承担的运输，承运人应当对实际承运人的行为或者实际承运人的受雇人、代理人在受雇或者受委托的范围内的行为负责。

虽有前款规定，在海上运输合同中明确约定合同所包括的特定的部分运输由承运人以外的指定的实际承运人履行的，合同可以同时约定，货物在指定的实际承运人掌管期间发生的灭失、损坏或者迟延交付，承运人不负赔偿责任。

3《海商法》诉讼时效：第二百五十七条就海上货物运输向承运人要求赔偿的请求权，时效期间为一年，自承运人交付或者应当交付货物之日起计算；在时效期间内或者时效期间届满后，被认定为负有责任的人向第三人提起追偿请求的，时效期间为90日，自追偿请求人解决原赔偿请求之日起或者收到受理对其本人提起诉讼的法院的起诉状副本之日起计算。

International Convention for the Unification of Certain Rules of Law relating to Bills of Lading ("Hague Rules"), and Protocol of Signature(Brussels, 25 August 1924)统一提单的若干法律规则的国际公约——海牙规则Article 1In this Convention the following words are employed with the meanings set out below:(a) "Carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper.(b) "Contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same.(c) "Goods" includes goods, wares, merchandise and articles of every kind whatsoever except live animals and cargo which by the contract of carriage in stated as being carried on deck and is so carried.(d) "Ship" means any vessel used for the carriage of goods by sea.(e) "Carriage of goods" covers the period from the time when the goods are loaded on to the time they are discharged from the ship.第一条本公约所用下列各词，涵义如下：(a) “承运人”包括与托运人订有运输合同的船舶所有人或租船人。