chapter  5
6 Pages

Third party protection under the Hamburg Rules

WithCarlo Corcione

This chapter deals with the Hamburg Rules approach to the topic. Although the Hamburg rules have a bilateral approach, to some extent they anticipate the concept of performing parties by citing the actual carrier. Although many countries have yet to ratify them, the Hamburg Rules may improve third party protection. They take into consideration the position of the actual carrier, providing that all the provisions of the Convention governing the responsibility of the carrier also apply to the responsibility of the actual carrier for the carriage performed by them. Similar provisions have been adopted by other international conventions related to other modes of carriage. The Hamburg Rules provide that the period of responsibility of the carrier 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.