الإثنين 17 حزيران 2019

اتفاقية الامم المتحدة المتعلقة بنقل البضائع بالبحر

-The General Assembly of the United Nations, having con-
idered chapter IV of the report of the United Nations
Commission on International Trade Law on the work of its
ninth session in 1976, which contained..a draft Convention
on the Carriage of Goods by sea, decided, by its resolu-
tion 31 -100 of 15 December 1976 , that an international
conference of plenipotentiaries should be convened in 1978
in New York, or at any other suitable place for which the
Secretary -General might receive an invitation, to consi-
der the question of the carriage of goods by sea and to
embody the results of its work in an international
convention and such other instruments as it might deem
appropriate, Subsequently, the Secretary-General received
and accepted an invitation from the Government of the
Federal Republic of Germany that the conference be
convened at Hamburg.

2-The United Nations Conference on the Carriage of Goods
by Sea was held at Hamburg, Federal Republic of Germany,
from 6 to 31 March 1978 .

3-Seventy-eight States were represented at the Conferen-
ce, as follows:
Algeria, Argentina, Australia, Austria, Bangladish,
Belgium, Bolivia, Brazil, Bulgaria, Byelorussian Soviet
Socialist Republic, Canada, Chile, Colombia, Cuba,
Czechoslovakia, Democratic Yemen, Denmark, Ecuador,
Egypt, Finland, France, Gabon, German Democratic Republic,
Germany, Federal Republic of Ghana, Greece, Holy See,
Honduras, Hungary, India, Indonesia, Iran, Iraq, Ireland,
Italy, Ivory Coast, Jamaica, Japan, Kneya, Kuwait,
Liberia, Madagascar, Malaysia, Mauritius, Mexico,
Netherlands, Nigeria, Norway, Oman, Pakistan, Panama,
Peru, Philippines, Poland, Portugal, Republic of Korea,
Romania, Senegal, Sierra Leone, Singapore, Spain, Sweden,
Switzerland, Syrian Arab Republic, Thailand, Trinidad and
Tobago, Tunisia, Turkey, Unagada, Ukrainian Soviet Social-
ist Republic, Union of Soviet Socialist Republics, United
Kingdom of Great Britain and Northern Ireland, United Rep-
ublic of Cameroon, United Republic of Tanzania, United
States of America, Venezuela, Yugoslavia and Zaire.

4-One Sate, Guatemala, sent an observer to the Conference.

5-The General Assembly requested the Secretary-General
to invite representatives of organizations that have
receiced a standing invitation from the General Assembly
to participate in the sessions and the work of all inter-
national conferences convened under its auspices in the
capacity of observers in accordance with General Assembly
resolution 3237 (XXIX) of 2 November 1974 ; to invite rep-
resentatives of the national liberation movements recogn-
ized in its region by the Organization of African Unity,
in the capacity of observers, in accordance with General
Assembly resolution 3280 (XXIX) of 10 December 1974 , and
to invite the specialized agencies and the international
Atomic Energy Agency, as well as interested organs of
the United Nations and other interested inter-governmental
organizations, and interested non governmental organiza-
tions, to be represented at the conference by observers.
The following inter-governmental and non governmental
organizations accepted this invitation and were represen-
ted by observers at the conference:
Socialized agencies:
International Monetary Fund
Inter-governmental Maritime Consultative Organization
United Nations Bodies:
United Nations Conference on Trade and Development
Economic Commission for Africa
Other inter-governmental organizations:
Caribbean Community and Common Market
Central Office for International Railway Transport
Council of Europe
Organization for Economic Co-operation and Development
Non-governmental Organizations:
Baltic and International Maritime Conference
International Chamber of Commerce
International Chamber of Shipping
International Maritime Committe
International Shipowners' Association
International Union of Marine Insurance
Latin American Association of Shipowners

6-The Conference elected Mr. Rolf Herber (Germany,
Federal Republic of) President.

7-The Conference elected as Vice-Presidents the represen-
tatives of the following States: Algeria, Argentina,
Australia, Belgium, Canada, Cuba, Denmark, Ecuador, Ger-
man Democratic Republic, Greece, Indonesia, Iraq, Italy,
Nigeria, Pakistan, Philippines, Poland, Senegal, Turkey,
Uganda, Union of Soviet Socialist Republics and Venezuela.

8-The following Committee were set up by the Conference:
General Committee:
Chairman:
The President of the Conference.
Members:
The President and Vice-Presidents of the Conference, and
Chairman of the First and of the Second Committee.
First Committee:
Chairman:
Mr. Mohsen Chafik (Egypt)
Vice-Chairman:
Mr. S. Suchozerwski (Poland)
Rapporteur:
Mr. D. M. Low (Canada)
Second Committee:
Chairman:
Mr. D. Popov (Bulgaria)
Vice-Chairman:
Mr. Th. JAM De Bruijn (Netherlands)
Drafting Committe:
Chairman:
Mr. R. K. Dixit (India)
Members:
Argentina, Australia, Ecuador, France, German Democratic
Republic, Hungary, India, Iraq, Japan, Kenya, Norway,
Peru, Sierra Leone, Singapore, Union of Soviet Socialist
Republics, United Kingdom of Great Britain and Northen
Ireland, United Republic of Tanzania and United States of
America.
Credentials Committee:
Chairman:
Mrs. Heliliah Haji Yusof (Malaysia)
Members:
Bangladesh, Canada, Czechoslovakia, Ecuador, Madagascar,
Malaysia, Nigeria, Syrian Arab Republic and United States
of America.

9-The Secretary-General of the United Nations was repre-
sented by Mr. Erik Suy, the legal Counsel of the United
Nations, from 6 to 11 March and Subsequently by Mr. Blaine
Sloan. Division rector of the General Legal Division,
Office of Legal Affairs of the United Nations. Mr William
Vis, Chief of the International Trade Law Branch of the
General Legal Division of the Office of Legal Affairs of
the United Nations, acted as Executive Secretary.

10-The General Assembly, by its resolution 31 -100 of
15 December 1976 convening the Conference, refered to the
Conference, as the basis for its consideration of the
carriage of goods by sea, the draft Convention on Carriage
of Goods by sea contained in Chapter IV of the report of
the United Nations Commission on International Trade Law
on the work of its ninth session (A -CONF. 89 -5), the
text of draft provisions concerning implementation, reser-
vations and other final clauses prepared by the Secretary-
General (A -CONF. 89 -6 and Add. 1 and 2), the comments
and proposals by Governements and International organisa-
tions (A -Conf. 89 -7 and Add. 1) and an analysis of
these comments and proposals prepared by the Secretary-
General (A -CONF. 89 -8).

11-The Conference assigned to the First Committee the
text of the draft Convention on the Carriage of Goods by
Sea and the draft provision on reservations from the draft
provisions concerning implementation, reservations and
other final clauses prepared by the Secretary-General. The
Conference assigned to the Second Committee the other
draft provisions concerning implementation, reservations
and other final clauses.

12-On the basis of the deliberations recorded in the sum-
mary records of the Conference (A -CONF. 89 -SR. 1 to
10), the summary records of the First Committee (A -CONF.
89 -C. 1 -SR. 1 to 37) and its report (A -CONF. 89 -
10) and the summary records of the second Committee (A -
CONF. 89 -C. 2 -SR. 1 to 11) and its report (A -CONF.
89 -11), the Conference drew up the UNITED NATIONS CON-
VENTION ON THE CARRIAGE OF GOODS BY SEA, 1978 .

13-That Convention, the text of which is annexed to this
Final Act (Annex 1), was adopted by the Conference on 30
March 1978 and was opened for signature at the concluding
meeting of the concluding meeting of the Conference on 31
March 1978 . It will remain open for signature at United
Nations Headquarters in New York until 30 April 1979 ,
after which date it will be open for accession, in accordance
with its provisions.

14-The Convention is deposited with the Secretary-General
of the United Nations.

15-The Conference also adopted a "Common understanding"
and a resolution, the text of which are also annexed to
this Final Act (Annexes II and III)

IN WITNESS WHEREOF the representatives have signed this
Final Act.

Done at Hamburg, Federal Republic of Germany, this thirty-
first day of March, one thousand nine hundred and seventy-
eight, in a single copy in the Arabic, Chinese, English,
French, Russian and Spanish languages, each text being
equally authenic.

President
Executive Secretary 

ANNEXE 1

UNITED NATIONS CONVENTION
ON THE CARRIAGE OF GOODS
BY SEA, 1978 
CARRIAGE OF GOODS
BY SEA, 1978

Preamble
THE STATES PARTIES TO THIS CONVENTION,
HAVING RECOGNIZED the desirability of determining by agr-
eement certain rules relating to the carriage of goods by
sea,
HAVING DECIDED to conclude a Convention for this purpose
and have thereto agreed as follows:

 
PART I. GENERAL PROVISIONS
Article 1 .Definitions
In 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 perform-
ance of the carriage of goods, or 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 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 are con-
solidated in a container, pallet or similar article of
transport or where they are paked, "goods" includes such
aritcle of transport or packaging if supplied by the shi-
pper.
6-Contract of carriage by sea" means any contract where-
by the carriage undertakes against payment of freight to
carry goods 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 carr-
iage 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 evidences a
contract of carriage by sea and the taking over or loading
of the goods by the carrier, and by which the carrier und-
ertakes to deliver the goods against surrender of the doc-
ument. A provision in the document that the goods are to
be delivered to the order of a named person, or to order,
or to bearer, constitutes such an undertaking.
8-Writing" includes, inter alia, telegram and telex.

Article 2 . Sccope of application
1-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 contract 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
disharge and such port is located in a Contracting Stste,
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 Convention or the legislation of any State giving
effect to them are to govern the contract.
2-The provisions of this Convention are applicable with-
out 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 this Convention are not applicable to
charter-parties. However, where a bill of lading is issued
pursuant to a charter-party, the provisions of the Con-
vention apply to such a bill of lading if it governs the
relation between the carrier and the holder to the bill of
lading, not being the charterer.
4-If a contract provides for future carriage of goods in
a series of shipments during an agreed period, the provi-
sions of this Convention apply to each 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 the Convention
In the interpretation and application of the provisions of
this Convention regard shall be had to its international
character and to be need to promote uniformity. 

PART II: 
Article: 4
Period of responsability
(LIABILITY OF THE CARRIER)
1-The responsibility of the carrier for the goods under
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 been taken over 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 shippment;
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 carrier, by placing them at the disposal of
the consignee in accordance with the contract or with the
law or with the usage of the particular trade, applicable
at the port of discharge; or
iii) By handing over the goods to an authority or other
third party to whom pursuant to law or regulations appli-
cable at the port of discharge, the goods must be handed
over.

Article 5 . Basis of liability
1-The carrier is liable for loss resulting from loss of
or damage to the goods, as well as from delay in delive-
ry, if the occurrence which caused the loss, damage or
delay took place while the goods were in his charge as
defined in article 4 , unless the carrier proves that he,
his servants or agents took all measures that could
reasonably be required to avoid the occurence and its
consequences.
2-Delay in delivery occurs when the goods have not been
delivered at the port of discharge provided for in the
contract of carriage by sea within the time expressely
agreed upon or, in the absence of such agreement, within
the time which it would be reasonable to require of a
diligent carrier, having regard to the circumstances of
the case
3-The person entitled to make a claim for the loss of
goods as loss lost if they have not been delivered as
required by article 4 within 60 consecutive days following
the expiry of the time for delivery according to
paragraph 2 of this article.
4-a) The carrier is liable
i) For loss of or damage to the goods or delay in delivery
caused by fire, if the claimant proves that the fire
arose from fault or neglect on the part of the carrier,
his servants or agents;
ii) For such loss, damage or delay in delivery which is
proved by the claimant to have resulted from the fault or
neglect of the carrier, his servants or agents, in taking
all measures that could reasonably be required to put out
the fire and avoid or mitigate its consequences.
b) In case of fire on board the ship affecting the goods,
if the claimant or the carrier so desires, a survey in ac-
cordance with shipping pratices must be held into the
cause and the circumstances of the fire, and a copy of the
surveyor's report shall be made available on demand to the
carrier and the claimant.
5-With respect to live animals, the carrier is not liable
for loss, damage or delay in delivery resulting from any
special risks inherent in that kind of carriage. If the
carrier proves that he has complied with any special
instructions given to him by the shipper respecting the
animals and that, in the circumatances of the case, the
loss, damage or delay in delivery could be attributed to
such risks, it is presumed that the loss, damage or delay
in delivery resulted from fault or neglect on the part of
carrier, his servants or agents.
6-The carrier is not liable, expect in general average,
where loss, damage or delay in delivery resulted from
measures to save life or from reasonable measures to save
property at sea.
7-Where fault or neglect on the part of the carrier, his
servants or agents combines with another cause to produce
loss, damage or delay in delivery the carrier is liable
only to the extent that the loss, damage or delay in del-
ivery is attributable to such fault or neglect, provided
that the carrier proves the amount of the loss, damage or
delay in delivery not attibutable thereto.

Article 6. Limits of liability
1-a) The liability of the carrier for loss
resulting..from loss of or damage to goods according to the
provisions of article 5 is limited to an amount equivalent
to 835 units of account per package or other shipping unit
or 2.5 units of account per kilo-gramme of gross weight of
the goods lost or damaged,whichever is the higher.
b) The liability of the carrier for delay in delivery
according to the provisions of article 5 is limited to an
amount equivalent to two and a half times the freight
payable for the goods delayed, but not exceeding the total
freight payable under the contract of carriage of goods
by sea.
c) In case shall the aggregate liability of the carrier,
under both subparagraphs (a) and (b) of this paragraph,
exceed the limitation which would be established under
subparagraph (a) of this paragraph for total loss of the
goods with respect to which such liability was incurred.
2-For the purpose of calculating which amount is the
higher in accordance with paragraph 1 (a) of this article,
the following rules apply:
a) Where a container, pallet or similar article of trans-
port is used to consolidate goods, the package or other
shipping units enumerated in the bill of lading, if is-
sued, or otherwise in any other document evidencing the
contract of carriage by sea, as packed in such article of
transport are deemed package or shipping units. Except as
aforesaid the goods in such article of transport are
deemed one shipping unit.
b) In cases where the article of transport itself has been
lost or damaged, that article of transport, if not owned
or otherwise supplied by the carrier, is considered one
separate shipping unit.
33-Unit of account means the unit of account mentioned in
article 26 .
4-By agreement between the carrier and the shipper,limits
of liability exceeding those provided for in paragraph 1
may be fixed.

Article 7 . Application to non-contractual claims
1-The defences and limitsof liability provided for in
this Convention apply in any action against the carrier in
respect of loss or damage to the goods covered by the
contract of carriage by sea, as well as of delay in de-
livery whether the action is founded in contract, in tort
or otherwise.
2-If such an action is brought against a servant or
agent of the carrier, such servant or agent, if he proves
that he acted within the scope of his employment, is enti-
tled to avail himself of the defences and limits of liabi-
lity which the carrier is entitled to invoke under this
Convention.
3-Except as provided in article 8 , the aggregate of the
amount recoverable from the carrier and from any persons
referred to in paragraph 2 of this article shall not
exceed the limits of liability provided for in this
Convention.

Artile 8 . Loss of right to limit responsibility
1-The carrier is not entitled to the benefit of the
limitation of liability provided for in article 6 if it is
proved that the loss, damage or delay in delivery resulted
from an act or omission of the carrier done with the
intent to cause such loss, damage or delay, or reckless
and with knowledge that such loss, damage or delay would
probably result.
2-Notwithstanding the provisions of paragraph 2 of
article 7 , a servant or agent of the carrier is not
entitled to the benefit of the limitation of liability
provided for in article 6 if it is proved that the loss,
damage or delay in delivery resulted from an act or omis-
sion of such servant or agent, done with the intent to
cause such loss, damage or delay, or recklessly and with
knowledge that such loss, damage or delay would probably
result.

Article 9 . Deck Cargo
1-The carrier is entitled to carry the goods on deck only
if such carriage is in accordance with an agreement with
the shipper or with the usage of the particular trade or
is required by statutory rules or regulations.
2-If the carrier and the shipper have agreed that the
goods shall or may be carried on deck, the carrier must
insert in the bill of lading or other document evidencing
the contract of carriage by sea a statement to that
effect. In the absence of such a statement the carrier
has the burden of proving that an agreement for carriage
on deck has been entered into; however, the carrier is not
entitled to invoke such an agreement against a third par-
ty, including a consignee who has acquired the bill of
lading in good faith.
3-Where the goods have been carried on deck contrary to
the provisions of paragraph 1 of this article or where
the carrier may not under paragraph 2 of this article
invoke an agreement for carriage on deck, the carrier,
notwithstanding the provisions of paragraph 1 of article
5 , is liable for loss of or damage to the goods, as well
as for delay in delivery, resulting solely from the car-
riage on deck, and the extent of his liability is to be
determined in accordance with the provisions of artucle 6
or article 8 of this Convention, as the case may be.
4-Carriage of goods on deck contrary to express agreement
for carriage under deck is deemed to be an act or omis-
sion of the carrier within the meaning of article 8 .

Article 10 . Liability of the carrier and actual carrier
1-Where the performance of the carriage or part thereof
has been entrusted to an actual carrier, whether or not in
pursuance of a liberty under the contract of carriage by
sea to do so, the carrier nevertheless remains responsible
for the entire carriage according to the provisions of the
provisions of this Convention. The carrier is responsible,
in relation to the carriage performed by the actual
carrier, for the acts and omissions of the actual carrier
and of his servants and agents acting within the scope of
their employment.
2-All the provisions of this Convention governing the
responsibility of the carrier also apply to the responsi-
bility of the actual carrier for the carriage performed by
him. The provisions of paragraphs 2 and 3 of article 7 and
of paragraph 2 of article 8 apply if an action is brought
against a servant or agent of the actual carrier.
3-Any special agreement under which the carrier assumes
obligations not imposed by this Convention or waives
rights conferred by this Convention affects the actual
carrier only if agreed to by him expressly and in writing.
Whether or not the actual carrier has so agreed, the car-
rier nevertheless remains bound by the obligations or wai-
vers resulting from such special agreement.
4-Where and to the extent that both the carrier and the
actual carrier are liable, their liability is joint and
several.
5-The aggregate of the amounts recoverable from the car-
rier, the actual carrier and their servants and agents
shall not exceed the limits of liability provided for in
this Convention.
6-Nothing in this article shall prejudice any right of
recourse as between the carrier and the actual carrier.

Article 11. Through carriage
1-Notwithstanding the provisions of paragraph 1 of artic-
le 10 , where a contract of carriage by sea provides ex-
plicity that a specified part of the carriage covered by
the said contract is to be performed by a named person
other than the carrier, the vantract may also provide that
the carrier is not liable for loss, damage or delay in de-
livery caused by an occurrence which takes place while the
goods are in the charge of the actual carrier during such
part of the carriage. Nevertheless, any stipulation limi-
ting or excluding such liability is without effect if no
judicial proceedings can be instituted against the actual
carrier in a court competent under paragraph 1 or 2 of
article 21 . The burden of proving that any loss, damage
or delay in delivery has been caused by such an occurrence
rests upon the carrier.
2-The actual carrier is responsible in accordance with
the provisions of paragraph 2 of article 10 for loss, da-
mage or delay in delivery caused by an occurrence which
take place while the goods are are in his charge.

PART III. LIABILITY OF THE SHIPPER

Article 12 . General rule
The shipper is not liable for loss sustained by the car-
rier or the actual carrier, or for damage sustained by the
ship, unless such loss or damage was caused by the fault
or the shipper, his servants or agents. Nor is any servant
or agent of the shipper liable for such loss or damage
unless the loss or damage was caused by fault or neglect
on his part.

Artcle 13 . Special rules on dangerous goods
1-The shipper must mark or label in a suitable manner
dangerous goods as dangerous.
2-Where the shipper hands over dangerous goods to the
carrier or an actual carrier, as the case may be, the
shipper must inform him of the dangerous character of the
goods and, if necessary, of the precautions to be taken.
If the shipper fails to do so and such carrier or actual
carrier does not otherwise have knowledge of their
dangerous character:
a) The shipper is liable to the carrier and any actual
carrier for the loss resulting from the shipment of such
goods, and
b) The goods may at any time be unloaded, destroyed or
rendered innocuous, as the circumstances may require,
without payment of compensation.
3-The provisions of paragraph 2 of this article may not
be invoked by any person if during the carriage he has
taken the goods in his charge with knowledge of their
dangerous character.
4-If. in cases where the provisions of paragraph 2 ,
subparagraph (b), of this article do not apply or may not
be invoked, dangerous goods become an actual danger to
life or property, they may be unloaded, destroyed or
rendered innocuous, as the cirumstances may require,
without payment of compensation exceot where there is an
obligation to contribute in general average or where the
carrier is liable in accordance with the provisions of
article 5 . 
PART IV. TRANSPORT DOCUMENTS
Article 14 . Issue of bill of lading
1-When the carrier or the actual carrier takes the goods
in his charge, the carrier must, on demand of the shipper,
issue to the shipper a bill of lading.
2-The bill of lading may be signed by a person having
authority from the carrier. A bill of lading signed by the
master of the ship carrying the goods is deemed to have
been signed on behalf of the carrier.
3-The signature on the bill of lading may be in hand-
writing, printed in fascimile, perforated, stamped, in
symbols, or made by any other mechanical or electronic
means, if not inconsistent with the law of the country
where the bill of lading is issued.

Article 15 . Contents of bill of lading
1-The bill of lading must include inter alia, the follo-
wing particulars:
a) The general nature of goods, the leading marks neces-
sary for identification of the goods, an express statement
if applicable, as to the dangerous character of the goods,
the number of packages or pieces, and the weight of the
goods or their quantity otherwise expressed, all such
particulars as furnished by the shipper;
b) The apparent condition of the goods;
c) The name and principal place of business of the
carrier;
d) The name of the shipper;
e) The consignes if named by the shipper;
f) The port of loading under the contract of carriage by
sea and the date on which the goods were taken over by the
carrier at the port of loading;
g) The port of discharge under the contract of contract of
carriage by sea ;
h) The number of originals of the bill of lading, if more
than one;
i) The place of issuance of the bill of lading;
j) The signature of the carrier or a person acting on his
behalf;
k) The freight to the extent payable by the consignee or
other indication that freight is payable by him;
1) The statement referred to in paragraph 3 of article 23;
m) The statement, if applicable, that the goods shall or
may be carried on deck;
n) The date or the period of delivery of the goods at the
port of discharge if expressly agreed upon between the
parties; and
o) Any increased limit or limits of liablity where agreed
in accordance with paragraph 4 of article 6 .
2-After the goods have been loaded on board, if the
shipper so demands the carrier must issue to the shipper
a "shipped" bill of lading which, in addition to the par-
ticulars required under paragraph 1 of this article, must
state that the goods are on board a named ship or ships,
and the date or dates of loading. If the carrier has
previously issued to the shipper a bill of lading or other
document of title with respect to any of such goods, on
request of the carrier, the shipper must surrender such
document in exchange for a "shipped" bill of lading. The
carrier may amend any previously issued document in order
to meet the shipper's demand for a "shipped" bill of
lading if, as amended, such document includes all the
information required to be contained in a "shipped" bill
of lading.
3-The absence in the bill of lading of one or more parti-
culars referred to in this article does not affect the
legal character of the document as a bill of lading
provided that it nevertheless meet the requirements set
out in paragraph 7 of article 1 .

Article 16 . Bills of lading: reservations and
evidentiary effect
1. If the bill of lading contains particulars concerning
the general nature, leading marks, number of packages or
pieces, weight or quantity of the goods which the carrier
or other person issuing the bill of lading on his behalf
knows or has reasonable grounds to suspect do not accura-
tely represent the goods actually taken over or, where a
"shipped" bill of lading is issued, loaded, or if he had
no reasonable means of checking such particulars, the car-
rier or such other person must insert in the bill of
lading a reservation specifying these inaccuracies,
ground of suspicion or the absence of reasonable means
of checking.
2-If the carrier or other person issuing the bill of
lading on his behalf fails to note on the bill of lading
the apparent condition of the goods, he is deemed to have
noted on the bill of lading that the goods were in
apparent good condition.
3-Except for particulars in respect of which and to the
extent to which a reservation permitted under paragraph 1
of this article has been entered:
a) The bill of lading is prima facie evidence of the
taking over or, where a "shipped" bill of lading is is-
sued, loading, by the carrier of the goods, as described
in the bill of lading; and
b) Proof to the contrary by the carrier is not admissible
if the bill of lading has been transferred to a third
party, including a consignes, who in good faith has
acted in reliance on the description of the goods therein.
4-A bill of lading which does not, as provided in parag-
raph 1 , subparagraph (k) of article 15 , set forth the
freight or otherwise indicate that freight is payable by
the consignee or does not set forth demurrage incurred at
the port of loading payable by the consignee, is prima
fancie evidence that no freight or such demurrage is
payable by him. However, proof to the contrary by the
carrier is not admissible when the bill of lading has been
transferred to a third party, including a consignee, who
in good faith has acted in reliance on the absence in the
bill of lading of any such indication.

Article 17 . Guarantees by the shipper
1-The shipper is deemed to have guaranteed to the carrier
the accuracy of particulars relating to the general nature
of the goods, their marks, number, weight and quantity as
furnished by him for insertion in the bill of lading. The
shipper must indemnify the carrier against the loss
resulting from innaccuracies in such particulars. The
shipper remains liable even if the bill of lading has been
transferred by him. The right of the carrier to such
indemnity in no way limits his liability under the
contract of carriage by sea to any person other than the
shipper.
2-Any letter of guarantee or agreement by which the ship-
per undertakes to indemnify the carrier against loss resu-
lting from the issuance of the bill of lafing by the
carrier, or by a person acting on his behalf, without
entering a reservation relating to particulars furnished
by the shipper for insertion in the bill of lading, or to
the apparent condition of the goods, is void and of no
effect as against any third party, including a consignee,
to whom the bill of lading has been transferred.
3-Such letter of guarantee or agreement is valid as
against the shipper unless the carrier unless the carrier
or the person acting on his behalf, by omitting the
reservation referred to in paragraph 2 of this article ,
intends to defraud a third party, including a consignee,
who acts in reliance on the description of the goods in
the bill of lading. In the latter case, if the reser-
vation omitted relates to particulars furnished by the
shipper for insertion in the bill of lading, the carrier
has no right of indemnity from the shipper pursuant to
paragraph 1 of this article.
4-In the case of intented fraud referred to in
paragraph 3 of this article the carrier is liable, with-
out the benefit of the limitation of liability provided
for in this Convention, for the loss incurred by a third
party, including a consignee, because he has acted in
reliance on the description of the goods in the bill of
lading.

Article 18 . Documents other than bills of lading
Where a carrier issues a document other than a bill of
lading to evidence the receipt of the goods to be
carried, such a document is prima facie evidence of the
conclusion of the contract of carriage by sea and the
taking over by the carrier of the goods as therein
described.
PART V. CLAIMS AND ACTIONS
Article 19 . Notice of loss, damage or delay
1-Unless notice of loss or damage, specifying the general
nature of such loss or damage, is given in writing by the
consignee to the carrier not later than the working day
after the day when the goods were handed over to the con-
signee, such handing over is prima facie evidence of the
delivery by the carrier of the goods as described in the
document of transport or, if no such document has been
issued, in good condition.
2-Where the loss or damage is not apparent, the
provisions of paragraph 1 of article apply correspondingly
if notice in writing is not giving within 15 consecutive
days after the day when the goods were handed over to the
consignee.
3-If the state of the goods at the time they were handed
over to the consignee has been the subject of a joint sur-
vey or inspection by the parties, notice in writing need
not to be given of loss or damage as certained during such
survey or inspection.
4-In the case of any actual or apprehended loss or damage
the carrier and the consignee must give all reasonable
facilities to each other for inpecting and tallying the
goods.
5-No compensation shall be payable for loss resulting
from delay in delivery unless a notice has been given in
writing 60 consecutive days after the day when the goods
were handed over to the consignee.
6-If the goods have been delivery by an actual carrier,
any notice given under this article to him shall have the
same effect as if it had been given to the carrier, and
any notice given to the carrier shall have effect as if
given to such actual carrier.
7-Unless notice of loss ordamage specifying the general
nature of the loss or damage, is given in writing by the
carrier or actual carrier to the shipper not later than 90
consecutive days after the occurrence of such loss or
damage or after the delivery of the goods in accordance
with paragraph 2 of article 4 , whichever is later, the
failure to give such notice is prima facie evidence that
the carrier has sustained no loss or damage due to the
fault or neglect of the shipper, his servants or agents.
8-For the purpose of this article, notice given to a
person acting on the carrier's or the actual carrier's
behalf, including the master or the officer in charge of
the ship, or to a person acting on the shipper's behalf is
deemed to have been given to the carrier, to the actual
carrier or to the shipper, respectively.

Article 20 . Limitation of actions
1-Any action relating to carriage of goods under this
Convention is time-barred if judicial or artitral proce-
edings have not been instituted within a period of two
years.
2-The limitation period commences on the day on which the
carrier has delivered the goods or part therof or, in
cases where no goods have been delivered, on the last day
on which the goods should have been delivered.
3-The day on which the limitation period commences is not
included in the period.
4-The person against whom a claim is made may at any time
during the running of the limitation period extend that
period by the claimant. This peiod may be further extended
by another declaration or declarations.
5-An action for indemnity by a person held liable may be
instituted even after the expiration of the limitation
period provided for in the preceding paragraphs if
instituted within the time allowed by the law of the Sta-
te where proceedings are instituted. However, the time al-
lowed shall not be less than 90 days commencing from the
day when the person institutng such action for indemnity
has settled the claim or has been served with process in
the action against himself.

Article 21 . Jurisdiction
1-In judicial proceedings relating to carriage of goods
under this Convention the plaintiff, at his option, may
institute an action in court which, according to the law
of the State where the court is situated, is competent and
within the jurisdiction of which is situated one of the
following places:
a) The principal place of business or in the absence
thereof, the habitual residence of the defendant; or
b) The place where the contract was made provided that
the defendant has there a place of business, branch or
agency through which the contract was made; or
c) The port of loading or the port of discharge; or
d) Any additional place designated for that purpose in the
contract of carriage by sea.
2-a) Notwithstanding the preceding provisions of this
article, an action may be instituted in the courts of any
port or place in a Contracting State at which the carrying
vessel or any other vessel of the same ownership may have
been arrested in accordance with applicable rules of the
law of that State and of international law. However, in
such a case, at the petition of the defendant, the
claimant must remove the action, at his choice, to one of
the jurisdictions referred to in paragraph 1 of this
article for the determination of the claim, but before
such removal the defendant must furnish security suffi-
cient to ensure payment of any judgement that may subse-
quently be awarded to the claimant in the action.
b) All questions relating to the sufficiency or otherwise
of the security shall be determined by the court of the
port or place of the arrest.
3-No judicial proceedings relating to carriage of goods
under this Convention may be instituted in a place not
specified in paragraph 1 or 2 of this article. The
provisions of this paragraph do not constitute an obstacle
to the jurisdiction of the Contracting States for
provisional or protective measures.
4-a) Where an action has been instituted in a court com-
petent under paragraph 1 or 2 of this article or where
judgement has been delivered by such a court, no new
action may be started between the same parties om the
same grounds unless the judgement of the court before
which the first action was intituted is not enforceable in
the country in which the new proceedings are instituted;
b) For the purpose of this article the institution of
measures with a view to obtaining enforcement of a jud-
gement is not to be considered as the starting of a new
action;
c) For the purpose of this article, the removal of an
action to a different court within the same country, or to
a court in another country, in accordance with paragraph 2
(a) of this article, is not to be considered as the star-
ting of a new action.
5-Notwithstanding the provisions of the preceding
paragraphs, an agreement made by the parties, after a
claim under the contract of carriage by sea has arisen,
which designates the place where the claimant may ins-
titute an action, is effective.

Article 22 . Arbitration
1-Subject to the provisions of this article, parties may
provide by agreement evidenced in writing that any dispute
that may arise relating to carriage of goods under this
Convention shall be referred to arbitration.
2-Where a charter-party contains a provision that dis-
putes arising thereunder shall be referred to arbitration
and a bill of lading issued pursuant to the charter-party
does not contain a special annotation providing that the
holder of the bill if lading, the carrier may not invoke
such provision as against a holder having acquired the
bill of lading in good faith.
3-The arbitration proceedings shall, at the option of the
claimant, be instituted at one of the following places:
a) a place in a State within whose territory is situated:
i) The principal place of business of the defendant or,
in the absence thereor, the habitual residence of the
defendant; or
ii) The place where the contract was made, provided that
the defendant has there a place of business, branch or
agency through which the contract was made; or
iii) The port of loading or the port of discharge; or
b) Any place designated for that purpose in the arbit-
ration clause or agreement.
4-The arbitrator or arbitration tribunal shall apply the
rules of this Convention.
5-The provisions of paragraph 3 and 4 of this article are
deemed to be part of every arbitration clause or agreement
and any term of such clause or agreement which is
therewise is null and void.
6-Nothing in this article afects the validity of an
agreement relating to arbitration made by the parties
after the claim under the contract of carriage by sea
has arisen. 
PART VI. SUPPLEMENTARY PROVISIONS
Article 23 . Contractual Stipulations
1-Any stipulation in a contract of carriage by sea, in a
bill of lading, or in any other document evidencing the
contract of carriage by sea is null and void to the extent
that it derogates, directly or indirectly, from the
provisions of this Convention. The nullity of such a sti-
pulation does not affect the validity of the other
provisions of the contract or document of which it forms
a part. A clause assigning benefit of insurance of the
goods in favour of the carrier, or any similar clause, is
null and void.
2-Notwithstanding the provisions of paragraph 1 of this
article, a carrier may increase his responsibilities and
obligations under this Convention.
3-Where a bill of lading or any other document evidencing
the contract of carriage by sea is issued, it must contain
a statement that the carriage is subject to the provisions
of this Convention which nullity any stipulation
derogating therefrom to the detriment of the shipper or
the consignee.
4-Where the claimant in respect of the goods has incurred
loss as a result of a stipulation which is null and void
by virtue of the persent article, or as a result of the
omission of the statement referred to in paragraph 3 of
this article, the carrier must pay compensation to the
extent required in order to give the claimant compensation
in accordance with the provisions of this Convention for
any loss of or damage to the goods as well as for delay
in delivery. The carrier must, in addition, pay compen-
sation for costs incurred by the claimant for the purpose
of exercising his right, provided that costs incurred in
the action where the forgoing provision is invoked are to
be determined in accordance with the law of State where
proceedings are instituted.

Article 24 . General average
1-Nothing in this Convention shall prevent the
application of provisions in the contract of carriage by
sea or national law regarding the adjustment of general
average.
2-With the exception of article 20 the provisions of this
Convention relating to the liability of the carrier for
loss of or damage to the goods also determine wether the
consignee may refuse contribution in general average and
the liability of the carrier to indemnify the consignee in
respect of any such contribution made or any salvage paid.

Article 25 .Other Conventions
1-This Convention does not modify the rights or duties of
the carrier, the actual carrier and their servants and
agents, provided for in international conventions or
national law relating to the limitation of liability of
owners of seagoing ships.
2-The provisions of article 21 and 22 of this Convention
do not prevent the application of the mandatory provisions
of any other multilateral convention already in force at
the date of this Convention relating to matters dealt with
in the said articles, provided that the dispute arises
exclusively between parties having their principal place
of business in States members of such other convention.
However, this paragraph does not affect the application
of paragraph 4 of article 22 of this Convention.
3-No liability shall arise under the provisions of this
Convention for damage caused by a nuclear incident if the
operator of a nuclear installation is liable for such
damage:
a) Under either the Paris Convention of 29 July 1960 on
Third Party Liability in the Field of Nuclear Energy as
amended by the Additional Protocol of 28 January 1964 or
the Vienna Convention of 21 May 1963 on Civil Liability
for Nuclear Damage, or
b) By virtue of national law governing the liability for
such damage, provided that such law is in all respects as
favourable to persons who may suffer damage as either the
Paris or Vienna Conventions.
4-No liability shall arise under the provisions of this
Convention for any loss of or damage to or delay in
delivery of luggage for whih the carrier is responsible
under any international convention or national law
relating to the carriage of passengers and their luggage
by sea.
5-Nothing contained in this Convention prevents a Contra-
cting State from applying any other International
convention which is already in force at the date of this
Convention and which applies mandatorily to contracts of
carriage of goods primarily by a mode of transport by sea.
This provision also applies to any subsequent..revision
or amendment of such international convention.

Article 26 . Unit of account
1-The unit of account referred to in article 6 of this
Convention is the Special Drawing Right as defined by the
International Monetary Fund. The amounts mentioned in
article 6 are to be converted into the national currency
of a State according to the value of such currency at the
date of judgement or the date agreed upon by the parties.
The value of a national currency, in terms of the Special
Drawing Right, of a Contracting State which is a member of
the International Monetary Fund is to be calculated in
accordance with the method of valuation applied by the In-
ternational Monetary Fund in effect at the date in ques-
tion for its operations and transactions. The value of a
national currency in terms of the Special Drawing Right of
a Contracting State Which is not a member of the Inter-
national Monetary Fund is to be calculated in a manner
determined by that State.
2-Nevertheless, those States which are not members of the
International Monetary Fund and whose law does not permit
the application of the provisions of paragraph 1 of this
article may, at the time of signature, or at the time of
ratification, acceptance, approval or accession or at any
time thereafter, declare that the limits of liability
provided for in this Convention to be applied in their
territories shall be fixed as:
12.500 monetary units per package or other shipping unit
or 37.5 monetary units per kilogramme of gross weight of
the goods.
3-The monetary unit referred to in paragraph 2 of this
article corresponds to sixty-five and a half milligrammes
of gold of millesimal fineness nine hundred. The Conven-
tion of the amounts referred to in paragraph 2 into the
national currency is to be made according to the law of
the State concerned.
4-The calculation mentioned in the last sentence of
paragraph 1 and the conversion mentioned in paragraph 3 of
this article is to be made in such a manner as to express
in the national currency of this Contracting State as far
as possible the same real value for the amounts in article
6 as is expressed there in unit of account. Contracting
States must communicate to the depositary the manner of
calculation pursuant to paragraph 1 of this article, or
the result of the conversion mentioned in paragraph 3 of
this article, as the case may be, at the time of signature
or depositing their instruments of ratification,
acceptance, approval or accession, or when availing them-
selves of the option provided for in paragraph 2 of this
article and whenever there is a change in the manner of
such calculation or in the result of such conversion 
PART VII. FINAL CLAUSES
Article 27 . Depositary
The Secretary-General of the Units Nations is hereby
designated as the depositary of this Convention.

Article 28 . Signature, ratification, acceptance,
approval, accession
1-This Convention is open for signature by all States
until 30 April 1979 at the Headquarters of the United
Nations, New York.
2-This Convention is subject to ratification, acceptance
or approval by the signatory States.
3-After 30 April 1979 , this Convention will be open for
accession by all States which are not signatory States.
4-Instruments of ratification, acceptance, approval and
accession are to be deposited with the Secretary-General
of the United Nations.

Article 29 . Reservations
No reservations may be made to this Convention.

Article 30 . Entry into force
1-This Convention enters into force on the first day of
the month following the expiration of one year from the
date of deposit of the 20th intrument of ratification,
acceptance, approval or accession.
2-For each State which becomes a Contracting State to
this Convention after the date of the deposit of the 20th
instrument of ratification, acceptance, approval or acces-
sion, this Convention enters into force on the first
day of the month following the expiration of one year
after the deposit of the appropriate intrument on behalf
of that State.
3-Each Contracting State shall apply the provisions of
this Convention to contracts of carriage by sea concluded
on or after the date of entry into force of this
Convention in respect of that State.

Article 31 . Denunciation of other conventions
1-Upon becoming a Contracting State to this Convention,
any State party to the International Convention for the
Unification of Certain Rules relating to Bills of Lading
signed at Brussels on 25 August 1924 (1924 Convention)
must notify the Government of Belgium as the depostary of
the 1924 of its denunciation of the said Convention with
a declaration that the denunciation is to take effect as
from the date when this Convention enters into force in
respect of that State.
2-Upon the entry into force of this Convention under
paragraph 1 of article 30 , the depositary of this
Convention notify the Government of Belgium as the depo-
sitary of the 1924 Convention of the date of such entry
into force, and of the names of the Contracting States in
respect of which the Gonvention has entered into force.
3-The provisions of paragraphs 1 and 2 of this article
apply correspondingly in respect of States parties to the
Protocol signed on 23 February 1968 to amend the Inter-
national Convention for the Unification of Certain Rules
relating to Bills of lading signed at Brussels on August
1924 .
4-Notwithstanding article 2 of this Convention, for the
purposes of paragraph 1 of this article, a Contracting
State may, if it deems it desirable, defer the
denunciation of the 1924 Convention and of the 1968 Conv-
ention as modified by the 1968 Protocol for a maximum
period of five years from the entry into force of this
Convention, It will then notify the Government of
Belgium of its intention. During this transitory period,
it must apply to the Contracting States this Convention to
the exclusion of any other one.

Article 32 . Revision and amendment
1-At the request of not less than one-third of the
Contracting States to this Convention, the depositary
shall convene a conference of the Contracting States for
revising or amending it.
2-Any instrument of ratification, acceptance, approval or
accession deposited after the entry into force of an amen-
dment to this Convention, is deemed to apply to the
Convention as amended.

Article 33 . Revision of the limitation amounts and unit
of account or monetary unit
1-Notwithstanding the provisions or article 32 , a
conference only for the purpose of altering the amount
specified in article 6 and paragraph 2 of article 26 , or
of substituting either or both of the units defined in
paragraphs 1 and 3 of article 26 by other units is to be
convened by the depositary in accordance with paragraph 2
of this article. An alteration of the amounts shall be
made only because of a significant change in their real
value.
2-A revision conference is to be convened by the
depositary when not less than one-fourth of the Contrac-
ting States so request.
3-Any decision by the conference must be taken by a two-
thirds majority of the participating States. The amendment
is communicated by the depositary to all the Contracting
States for acceptance and to all the States signatories
of the Convention for information.
4-Any amendment adopted enters into force on the first
day of the month following one year after its acceptance
by two-thirds of the Contracting States Acceptance is to
be effected by the deposit of a formal instrument to that
effect, with the depositary.
5-After entry into force of an amendment a Contracting
State which has accepted the amendment is entitled to ap-
ply the Convention as amendment in its relations with
Contrating States which have not within six months after
the adoption of the amendment notified the depositary
that they are not bound by the amendment.
6-Any instrument of ratification, acceptance, approval or
accession deposited after the entry into force of an
amendment to this Convention, is deemed to apply to the
Convention as amended.

Article 34 . Denunciation
1-A Contracting State may denounce this Convention at
any time by means of a notification in writing addressed
to the depositary.
2-The denunciation takes effect on the first day of the
month following the expiration of one year after the no-
tification is received by the depositary. Where a longer
period is specified in the notification, the denunciation
takes effect upon expiration of such longer period after
the notification is received by the depositary.
DONE at Hamburg, this thirty-first day of March one
thousand nine hundred and seventy-eight, in a single ori-
ginal, of which the Arabic, Chinese, English, French,
Russian and Spansih texts are equally authentic.
IN WITNESS WHEREOF the undersigned plenipotentiaries,
being duly authorized by their respetive Governments,
have signed the present Convention. 
ANNEX II COMMON UNDERSTANDING
ADOPTED BY THE UNITED NATIONS
CONFERENCE ON THE CARRIAGE OF GOODS BY SEA
It is the common understanding that the liability of the
carrier under this Convention is based on the principle
of presumed fault or neglect. This means that, as rule,
the burden of proof rests on the carrier but, with respect
to certain cases, the provisions of the Convention modify
this rule. 
ANNEX III RESOLUTION ADOPTED BY
THE UNITED NATIONS CONFERENCE -
ON THE CARRIAGE OF GOODS BY SEA 
"The United Nations Conference on the Carriage of Goods by
Sea,"Nothing with appreciation the kind invitation of the
Federal Republic of Germany to hold the Conference in
Hamburg,
"Being aware that the facilities placed at the disposal of
the Conference and the generous hospitality bestowed on
the participants by the Government of the Federal Repub-
lic of Germany and by the Free and Hanseatic City of
Hamburg, have in no small measure contributed to the
success of the Conference,
"Expresses its gratitude to the Government and people of the
Federal Republic of Germany, and
"Having adopted the Convention on the Carriage of Goods by
sea on the basis of a draft Convention prepared by the
United Nations Commission on International Trade Law at
the request of the United Nations Conference on Trade and
Development.
"Express its gratitude to the United Nations Commission on
International Trade Law and to the United Nations
Conference on Trade and Development for their outstanding
contribution to the simplification and harmonization of
the law of the carriage of goods by sea, and
"Decides to designate the Convention adopted by the Confe-
rence as the:
"UNITED NATIONS CONVENTION ON THE CARRIAGE OF
GOODS BY SEA 1978" and
"Recommends that the rules embodied therein be known as
the: "HAMBURG RULES". 

بطاقة الاتفاقية

النوع
دولية
اداة المصادقة
قانون رقم 4 سنة 1983
تاريخ الصدور
14/01/1983
إتصل بنا

هاتف: 01/492934

فاكس: 01/493145

البريد الالكتروني

cij@ul.edu.lb

حول الموقع

انشىء مركز الدراسات والأبحاث في المعلوماتية القانونية (المعروف بمركز المعلوماتية القانونية)، في العام 1986 كوحدة جامعية مستقلة. وذلك بالمرسوم رقم 3144 تاريخ 11/4/1986 المعدل بالمرسوم رقم 4166 تاريخ 16/9/1987. في العام 1993 تحول المركز إلى فرع من فروع كلية الحقوق والعلوم السياسية والإدارية وذلك بموجب المرسوم رقم 4141 تاريخ 13/10/1993.