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1、United Nations Convention on the Carriage of Goods by Sea (Hamburg Rules)(Hamburg, 31 March 1978) PREAMBLETHE STATES PARTIES TO THIS CONVENTION, HAVING RECOGNIZED the desirability of determining by agreement certain rules relating to the carriage of goods by sea, HAVING DECIDED to conclude a convent
2、ion for this purpose and have thereto agreed as follows: PART I. GENERAL PROVISIONS Article 1. DefinitionsIn this Convention: 1. Carrier means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper. 2. Actual carrier means any person to whom the
3、performance of the carriage of the goods, or of part of the carriage, has been entrusted by the carrier, and includes any other person to whom such performance has been entrusted. 3. Shipper means any person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been
4、concluded with a carrier, or any person by whom or in whose name or on whose behalf the goods are actually delivered to the carrier in relation to the contract of carriage by sea. 4. Consignee means the person entitled to take delivery of the goods. 5. Goods includes live animals; where the goods ar
5、e consolidated in a container, pallet or similar article of transport or where they are packed, goods includes such article of transport or packaging if supplied by the shipper. 6. Contract of carriage by sea means any contract whereby the carrier undertakes against payment of freight to carry goods
6、 by sea from one port to another; however, a contract which involves carriage by sea and also carriage by some other means is deemed to be a contract of carriage by sea for the purposes of this Convention only in so far as it relates to the carriage by sea. 7. Bill of lading means a document which e
7、vidences a contract of carriage by sea and the taking over or loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of a named person, or to order, o
8、r to bearer, constitutes such an undertaking. 8. Writing includes, inter alia, telegram and telex. Article 2. Scope of application1. The provisions of this Convention are applicable to all contracts of carriage by sea between two different States, if: (a) the port of loading as provided for in the c
9、ontract of carriage by sea is located in a Contracting State, or(b) the port of discharge as provided for in the contract of carriage by sea is located in a Contracting State, or(c) one of the optional ports of discharge provided for in the contract of carriage by sea is the actual port of discharge
10、 and such port is located in a Contracting State, or(d) the bill of lading or other document evidencing the contract of carriage by sea is issued in a Contracting State, or(e) the bill of lading or other document evidencing the contract of carriage by sea provides that the provisions of this Convent
11、ion or the legislation of any State giving effect to them are to govern the contract.2. The provisions of this Convention are applicable without regard to the nationality of the ship, the carrier, the actual carrier, the shipper, the consignee or any other interested person. 3. The provisions of thi
12、s Convention are not applicable to charter-parties. However, where a bill of lading is issued pursuant to a charter-party, the provisions of the Convention apply to such a bill of lading if it governs the relation between the carrier and the holder of the bill of lading, not being the charterer. 4.
13、If a contract provides for future carriage of goods in a series of shipments during an agreed period, the provisions of this Convention apply to each shipment. However, where a shipment is made under a charter-party, the provisions of paragraph 3 of this article apply. Article 3. Interpretation of t
14、he ConventionIn the interpretation and application of the provisions of this Convention regard shall be had to its international character and to the need to promote uniformity. PART II. LIABILITY OF THE CARRIER Article 4. Period of responsibility1. The responsibility of the carrier for the goods un
15、der this Convention covers the period during which the carrier is in charge of the goods at the port of loading, during the carriage and at the port of discharge. 2. For the purpose of paragraph 1 of this article, the carrier is deemed to be in charge of the goods (a) from the time he has taken over
16、 the goods from:(i) the shipper, or a person acting on his behalf; or (ii) an authority or other third party to whom, pursuant to law or regulations applicable at the port of loading, the goods must be handed over for shipment; (b) until the time he has delivered the goods:(i) by handing over the goods to the consignee; or(ii) in cases where the consignee does not receive the goods from the carrie
