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ARGUMENTS AGAINST THE INTRODUCTION OF THE HAMBURG RULES

Since the possible implementation of the Hamburg Rules was signalled, the Australian carriers have summoned a formidable array of arguments against their introduction. The major arguments against adoption of the Hamburg Rules seem to be:

1 the existing system works well, has been in force for over 70 years and the rules and the positions of each party are well understood (the status quo argument);

2 the Hamburg Rules are not compatible with the rules in force in the countries which are Australia’s major trading partners (the compatibility argument); and

3 introduction of a new carriage regime will mean substantial litigation because of the uncertainty of the rules (the uncertainty argument).