1. Rotterdam Rules: Between Old Problems and New Solutions
Basic text up-dated February 2008
Jana Rodica
May 2009

2. Introductory outline General Introduction Slovenia:
bound by the 1924 Hague Rules
Maritime code provisions regulating carriage of goods by sea are based on the Hague - Visby rules as amended by the 1979 Protocol
The Regime adopted is in part obsolete - not in conformity with of today’s maritime trade

3. Need for a new Regime Unification of Transport Laws
Liability of the Carrier
Documentary Problems
Nationalistic Reflex
Exoneration Clauses
Electronic Communication

4. Major Changes brought by the Rotterdam Rules
Scope of Application:
Multimodal (or Door-to-Door) Coverage
Figure 1-: rapid growth in containerized shipping.
Source: Drewry Shipping consultants 2006 and 2007

5. Volume contracts
The rules primary establishes mandatory liability both for carriers and shippers
But:
“Volume contracts are exempt from mandatory application of the Rules”
Therefore: most of provisions could be modified or contracted out

6. Volume Contracts Defined as:
“contract of carriage for the carriage of a specified quantity of goods in a series of shipments during an agreed period of time” (Ocean Liner Service Agreements)
Under Art. 80 Volume Contracts cannot derogate from
- carriers obligations under Art. 14 to exercise due diligence
a) to make the ship seaworthy
b) to crew, equip and supply her properly
under Art. 29 –(shipper’s obligation to provide information, instructions and documents)
under Art. 32 – (relating to dangerous goods)
Potential Consequences:
- Volume contracts between parties of unequal bargaining power
Position of European Shippers Council – March 2009

7. 3. Balance of Risk Between Carriers and Cargo Interests
The Error in Navigation Defence – has been deleted
Continuing Obligation of Seaworthiness
Liability for Delay

8. 4. 3. Balance of Risk Between Carriers and Cargo Interests
Higher Limitation Amounts
- Limits of liability under different Regimes
- one new limit: Economic loss due to delay - 2,5x freight
LIMITS OF LIABILITY IN THE CARRIAGE BY SEA REGIMES
HGR HVR HMR RTR 2008
Per Package/ Unit
Per Kilo
100 £ SDR SDR SDR
2 SDR SDR SDR
HGR: Hague Rules 1924
HVR :Hague – Visby Rules 1968
HMR: Hamburg Rules 1978
RTR: Rotterdam Rules

9. Expanded Shippers’ Obligations and Liabilities
Shipper’s obligation to provide information, instructions and documents
Liability in respect of breach of obligations under Art. 27 and Art. 29 based on fault
Liability in respect of breach of obligations under Art. 31 and Art. 32 is strict and the burden of proof is on the carrier

10. Maritime Performing Parties
“Any person other than the carrier that performs any of the carrier’s obligations under a contract of carriage”
The carrier is liable for the acts or omissions of a performing party which may give rise to a breach of the carrier’s obligations under the convention

11. Electronic Transport Records
Today most documents systems are still paper-based:
- Problems with paper – based documents
Electronic systems can:
- Speed up changes
- Reduce errors
- Result in cost saving (e.g. perishable goods)
Main Concerns:
- All parties in each transaction need to be included
- Security concerns
- Concerns related digital signatures

12. Comments and Recommendations
Conclusion
2. The Big question:
Shall Slovenia adopt the Rotterdam Rules?
maintain the Status Quo or
b) adopt the Rotterdam Rules

13. The End
“SS Rotterdam” a hotel ship