Page 53 - 2024 - Q4 - Minerva in Focus

MINERVA IN FOCUS Interesting Fact

velopments make it harder for shipowners
to evade liability and provide a wealth of
evidence for resolving disputes. The result
is a more transparent industry where seri-
ous casualties and claims are scrutinized
in detail by safety bodies and legal experts.
Significant judicial decisions have further
shaped risk allocation under the rules, of-
ten favouring cargo interests. In the CMA
CGM Libra case, for example, a defective
passage plan was deemed to render the
vessel unseaworthy, holding the carrier lia-
ble for failing to exercise due diligence. Sim-
ilarly, the Cape Bonny case reaffirmed the
non-delegable nature of the seaworthiness
duty, emphasizing carrier accountability.
Defences like “perils of the sea” and “Act of
God” now require carriers to demonstrate
that losses were unforeseeable and could
not have been prevented with reasonable
care. Even strict liability for dangerous
goods is tempered by the carrier’s knowl-
edge or what they reasonably should have
known, adding nuance to these disputes.

Time to rethink?
The Hague/Hague-Visby Rules’ simplici-
ty and predictability remain their greatest
strengths in an increasingly complex world.
However, the Rotterdam Rules’ struggles
illustrate the difficulty of overhauling es-
tablished systems. Critics argue that the
Rotterdam Rules, like the Hamburg Rules
UNCITRAL’s efforts continued with the in- before them, may have tried to do too
troduction of the Rotterdam Rules in 2008. much, sacrificing the elegance and clarity
Promising to unify maritime and land liability that make the Hague Rules so enduring.
systems under a “maritime plus” frame- The Hague Rules have stood the test of
work, the Rotterdam Rules adopted a lim- time, shaping international maritime law for
ited network principle, determining liability a century. Their adaptability, reflected in
based on the specific leg of transport. De- the Hague-Visby Rules and hybrid national
spite initial enthusiasm and 19 signatories, versions, underscores their relevance in a
the rules have yet to achieve the 20 ratifi- rapidly evolving world. While global harmo-
cations needed for enforcement, leaving ny in liability regimes remains elusive, the
the Hague or Hague-Visby Rules as the Hague Rules offer a guiding light for bal-
dominant frameworks today. ancing risk and maintaining trust in trade.
As the maritime industry grapples with un-
Practical applications and evolving chal- precedented challenges, from technolog-
lenges ical advances to environmental concerns,
While the Hague/Hague-Visby Rules do the simplicity and familiarity of the Hague/
not formally apply to charter parties, their Hague-Visby Rules provide a foundation
principles are often incorporated through for continuity and innovation. Whether
standard contracts and rider clauses, ex- through incremental updates or a bold
tending their influence beyond cargo claims. reimagining of frameworks like the Rot-
They also form the basis of P&I cargo lia- terdam Rules, the quest for balance and
bility cover and significantly impact cargo uniformity will continue to drive progress
insurance premiums. in maritime law. The lessons of the past
Over the past century, regulatory advances 100 years remind us that success lies in
like the ISM Code, industry standards such striking the right balance between tradition
as bridge procedures, and technologies and adaptation.
like data recorders have increased trans-
parency in maritime operations. These de- Source: Gard

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