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Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea
Treaty Type:
Multilateral
Common Name:
Rotterdam Rules
Responsible Department:
Transport
Administering Department:
Treaty Summary:
The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules) is a private international law convention that allocates financial and legal risk between the carrier and cargo interests and regulates for such matters as:
- minimum obligations of the shipper and carrier;
- special rules for dangerous goods;
- electronic commerce; and
- extension to non-negotiable instruments.
The Rotterdam Rules apply to Contracts of Carriage, Bills of Lading and non-negotiable documents. New Zealand is currently a Party to the Hague-Visby Rules. The objectives of this new convention are to: (i) update the rules applicable to maritime carrier liability; and (ii) develop an instrument that will be widely adopted, thereby harmonising the international application of maritime carrier liability rules (there are currently three maritime carrier liability regimes in existence). The general scope-of-application provisions of the Rotterdam Rules mean that it will apply to shipments either to or from a State Party. The implication for New Zealand is that, depending on whether New Zealand’s trading partners adopt the Rules, New Zealand traders may find themselves subject to its rules regardless of whether New Zealand adopts them.
NZ Adherence Status:
In Progress
Negotiation Status:
Multilateral. The Rotterdam Rules are currently open for signature. The Rotterdam Rules will come into force one year after 20 countries have ratified.
Organisation:
Is Signed By NZ:
No
Signature Date:
Ratified or Signed:
No
Requires Ratification:
No
NZ Territorial Applications:
None
Information about required Legislation:
-
Impacts on Maori:
The convention will have little or no implications for Māori interests.
Impacts on Stakeholders:
Should an assessment support the case for accession to the treaty, consultation would likely involve the release of a discussion paper calling for written submissions.
Interest groups with which consultation is appropriate include:
(i) the shipping industry and their organisations;
(ii) cargo interests, exporters and organisations such as Export New Zealand;
(iii) the maritime insurance industry and their organisations such as the Insurance Council of New Zealand;
(iv) the maritime legal community and the Maritime Law Association of Australia and New Zealand; and
(v) banks (in relation to negotiable documents).
Link To Legislation:
Treaty Text Link:
Contact Information:
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