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4 Mar. Law. 1 (1979)
The Hamburg Rules: Why a New Convention on Carriage of Goods by Sea

handle is hein.journals/tulmar4 and id is 7 raw text is: THE HAMBURG RULES: WHY A NEW CONVENTION ON CARRIAGE OF GOODS BY SEA. James J. Donovan* The Hamburg Conference on the Carriage of Goods by Sea was initiated in 1972 in an effort to resolve problems which had arisen in fifty years of experience under the Hague Rules, and to propose solutions which would not hinder the growth and development of international trade.' Present at the Conference were representatives of more than 70 nations as well as representatives from such specialized governmental and non-governmental organizations as the Organization of African Unity, the International Monetary Fund and the International Union of Marine Insurance. Each nation and organization had its own particular interest to advance, and, as can be imagined, the debates were heated as well as enlightening. The convention which the Conference produced can best be described as a compromise settlement. It is my belief that the mark of a successful settlement is that all parties to the agreement walk away somewhat dissatisfied. No single interest group succeeded in getting every provision which it wanted, but no interest group was unable to obtain some provision which it believed to be in its interest. The Hamburg Rules represent a significant development in international trade law. The experience in Hamburg has proven that the international commercial community can resolve differences in an international forum. I commend the Hamburg Rules to your attention, and am grateful for this opportunity to contribute to what I foresee will be an * extensive debate over the new rules for the international carriage of goods by sea.2 *J.D., Fordham University; President, The Maritime Law Association of the United States. The author gratefully acknowledges the valuable assistance of his associate, Gerard S. Doyle. Jr., J.D.. Fordham University, member of the Bar, New York. A preliminary version of this article was presented before the Thirteenth Annual Houston Marine Insurance Seminar sponsored by the Houston Mariners Club, in September, 1978. 1. It was the author's privilege to be a member of the United States Delegation to the United Nations Conference on the Carriage of Goodsby Sea, held in Hamburg, Federal Republic of Germany. in March, 1978. The Conference was convened pursuant to a resolution of the United Nations General Assembly and held under the auspices of the United Nations Commission on International Trade Law (UNCITRAL). 2. For the definitive history of the various draft conventions, as well as an exhaustive analysis of the issues nresented by the new Convention, see Sweeney, The UNCITRAL Draft Con rention on Carriage of Goods by Sea (pts. 1-5). 7 J. Mar. L. & Com. 69, 327, 487, 615 (1976) and 8 J; Mar. L. & Com. 167 (1977) [hereinafter cited as Sweeney].