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Hague–Visby Rules

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Maritime transport (or ocean transport ) or more generally waterborne transport , is the transport of people ( passengers ) or goods ( cargo ) via waterways . Freight transport by sea has been widely used throughout recorded history . The advent of aviation has diminished the importance of sea travel for passengers, though it is still popular for short trips and pleasure cruises . Transport by water is cheaper than transport by air or ground, but significantly slower for longer distances. Maritime transport accounts for roughly 80% of international trade , according to UNCTAD in 2020.

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50-593: The Hague–Visby Rules is a set of international rules for the international carriage of goods by sea . They are a slightly updated version of the original Hague Rules which were drafted in Brussels in 1924. The premise of the Hague–Visby Rules (and of the earlier English common law from which the Rules are drawn) was that a carrier typically has far greater bargaining power than the shipper, and that to protect

100-522: A United Nations agency, and the Nautical Institute are seeking improved international standards for mariners. Satellite phones have improved communication and efficiency aboard sea-faring ships. This technology has contributed to crew welfare, although both equipment and fees are expensive. Ocean voyages are steeped in routine. Maritime tradition dictates that each day be divided into six four-hour periods. Three groups of watch keepers from

150-402: A cargo engineer works with the deck department during cargo operations, as well as being a watchkeeping engineer. A common engine crew for a ship includes: Many American ships also carry a motorman . Other possible positions include machinist , electrician , refrigeration engineer, and tankerman. Engine cadets are engineer trainees who are completing sea time necessary before they can obtain

200-407: A legal standpoint, multimodal transport creates several problems. Unimodal transports are currently governed by different, often-mandatory international conventions . These conventions stipulate different bases for liability , and different limitations of liability for the carrier. As of 2011, the solution to this problem has been the so-called network principle . According to the network principle,

250-695: A mariner's off-duty time is largely a solitary affair, pursuing hobbies, reading, writing letters, and sleeping. On modern ocean-going vessels, typically registered with a flag of convenience , life has changed immensely in the last 20 years. Most large vessels include a gym and often a swimming pool for use by the crew. Since the Exxon Valdez incident , the focus of leisure time activity has shifted from having officer and crew bars, to simply having lounge-style areas where officers or crew can sit to watch movies. With many companies now providing TVs and DVD players in cabins, and enforcing strict smoking policies, it

300-415: A reasonable standard of professionalism and care; and Article IV allows the carrier a wide range of situations exempting them from liability on a cargo claim. These exemptions include destruction or damage to the cargo caused by: fire , perils of the sea, Act of God , and act of war. A controversial provision exempts the carrier from liability for "neglect or default of the master ... in the navigation or in

350-500: A sea vessel (even though the transport includes a sea leg) are referred to as Non-Vessel Operating Carriers ( NVOC ) in common law countries (especially the United States). Multimodal transport developed in connection with the "container revolution" of the 1960s and 1970s; as of 2011, containerized transports are by far the most important multimodal consignments . However, it is important to remember that multimodal transport

400-566: A ship, including Junior Assistant Purser , Senior Assistant Purser , Purser , Chief Purser , Medical Doctor , Professional Nurse , Marine Physician Assistant , and hospital corpsman , are considered administrative positions and are therefore regulated by Certificates of Registry issued by the United States Coast Guard . Pilots are also merchant marine officers and are licensed by the Coast Guard. Formerly, there

450-465: A strategy referred to as " slow steaming ". A ship's complement can be divided into four categories: Officer positions in the deck department include but not limited to the Master and his Chief , Second , and Third officers. The official classifications for unlicensed members of the deck department are Able Seaman and Ordinary Seaman . A common deck crew for a ship includes: A deck cadet

500-493: A time, followed by protracted shore leave. However, some seamen secure jobs on ships they like and stay aboard for years. The quick turnaround of many modern ships, spending only a few hours in port, limits a seafarer's free-time ashore. Moreover, some foreign seamen entering U.S. ports from a watch list of 25 countries face restrictions on shore leave due to maritime security concerns. However, shore leave restrictions while in U.S. ports impact American seamen as well. For example,

550-499: A watchkeeping license. A typical steward's department for a cargo ship would be composed of a Chief Steward , a chief cook , and a Steward's Assistant . All three positions are typically filled by unlicensed personnel. The chief steward directs, instructs, and assigns personnel performing such functions as preparing and serving meals; cleaning and maintaining officers' quarters and steward department areas; and receiving, issuing, and inventorying stores. On large passenger vessels ,

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600-655: Is time-critical such as various types of perishable produce . Still, water transport is highly cost effective with regular schedulable cargoes, such as trans-oceanic shipping of consumer products – and especially for heavy loads or bulk cargos , such as coal , coke , ores , or grains . Arguably, the Industrial Revolution had its first impacts where cheap water transport by canal, navigations, or shipping by all types of watercraft on natural waterways supported cost-effective bulk transport . Containerization revolutionized maritime transport starting in

650-422: Is a person who is carrying out mandatory sea time to achieve their officer of the watch certificate. Their time on board is spent learning the operations and tasks of everyday life on a merchant vessel. A ship's engine department consists of the members of a ship's crew that operate and maintain the propulsion and other systems on board the vessel. Engine staff also deal with the "Hotel" facilities on board, notably

700-435: Is not equivalent to container transport; multimodal transport is feasible without any form of container. The MTO works on behalf of the supplier; it assures the supplier (and the buyer) that their goods will be effectively managed and supplied. Multimodal transport research is being conducted across a wide range of government, commercial and academic centers. The Research and Innovative Technology Administration (RITA) within

750-406: Is not surprising that the bar is now a much quieter place on most ships. In some instances games consoles are provided for the officers and crew. The officers enjoy a much higher standard of living on board ocean-going vessels. Crews are generally poorly paid, poorly qualified and have to complete contracts of approximately 9 months before returning home on leave. They often come from countries where

800-510: Is often performed by sub-carriers (referred to in legal language as "actual carriers"). The carrier responsible for the entire carriage is referred to as a multimodal transport operator, or MTO. Article 1.1. of the United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980) (which will only enter into force 12 months after 30 countries ratify; as of May 2019, only 6 countries have ratified

850-411: Is the transportation of goods under a single contract, but performed with at least two different modes of transport ; the carrier is liable (in a legal sense) for the entire carriage, even though it is performed by several different modes of transport (by rail , sea and road, for example). The carrier does not have to possess all the means of transport , and in practice usually does not; the carriage

900-554: The International Organization of Masters, Mates & Pilots notes a trend of U.S. shipping terminal operators restricting seamen from traveling from the ship to the terminal gate. Furthermore, in cases where transit is allowed, special "security fees" are at times assessed. Such restrictions on shore leave, coupled with reduced time in port, translate into longer periods at sea. Mariners report that extended periods at sea living and working with shipmates, who for

950-557: The Steward's Assistant , the chief cook , and other Steward's Department crewmembers. In the United States Merchant Marine , a chief steward must have a Merchant Mariner's Document issued by the United States Coast Guard . Because of international law , conventions, and agreements , all chief cooks who sail internationally are similarly documented by their respective countries. Staff officer positions on

1000-489: The U.S. Department of Transportation (USDOT) chairs an inter-agency Research, Development and Technology (RD&T) Planning Team. The University Transportation Center (UTC) program, which consists of more than 100 universities nationwide conducts multi-modal research and education programs. The European Commission has invested heavily in multimodal research under the H2020 programme – examples are CORE and SYNCHRO-NET. From

1050-512: The container revolution of the 1950s. Also, UNCTAD felt that they had actually diluted the protection to shippers once provided by English common law, and proposed instead the more modern Hamburg Rules of 1978, which were embraced by many developing countries, but largely ignored by ship-operating nations. The modern Rotterdam Rules , with some 96 articles, have far more scope and cover multi-modal transport but remain far from general implementation. A list of ratifications and denouncements of

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1100-436: The sewage , lighting, air conditioning and water systems. They deal with bulk fuel transfers, and require training in firefighting and first aid , as well as in dealing with the ship's boats and other nautical tasks- especially with cargo loading/discharging gear and safety systems, though the specific cargo discharge function remains the responsibility of deck officers and deck workers. On LPG and LNG tankers , however,

1150-431: The 1970s. "General cargo" includes goods packaged in boxes, cases, pallets, and barrels. When a cargo is carried in more than one mode, it is intermodal or co-modal . A nation's shipping fleet (variously called merchant navy , merchant marine, or merchant fleet) consists of the ships operated by civilian crews to transport passengers or cargo from one place to another. Merchant shipping also includes water transport over

1200-699: The 2005 CIA World Factbook , the total number of merchant ships of at least 1,000 gross register tons in the world was 30,936. In 2010, it was 38,988, an increase of 26%, across many countries . As of December 2018 , a quarter of all merchant mariners were born in the Philippines . A ship may also be categorized as to how it is operated. Ships and other watercraft are used for maritime transport. Types can be distinguished by propulsion , size or cargo type. Recreational or educational craft still use wind power, while some smaller craft use internal combustion engines to drive one or more propellers , or in

1250-718: The 4 month mark for officers, with generous leave. Most ocean-going vessels now operate an unmanned engine room system allowing engineers to work days only. The engine room is computer controlled by night, although the duty engineer will make inspections during unmanned operation. Engineers work in a hot, humid, noisy atmosphere. Communication in the engine room is therefore by hand signals and lip-reading, and good teamwork often stands in place of any communication at all. The environmental impact of shipping includes greenhouse gas emissions , acoustic , and oil pollution . The International Maritime Organization (IMO) estimates that Carbon dioxide emissions from shipping were equal to 2.2% of

1300-753: The Catering Department is headed by the Chief Purser and managed by Assistant Pursers. Although they enjoy the benefits of having officer rank, they generally progress through the ranks to become pursers. Under the pursers are the department heads – such as chief cook, head waiter, head barman etc. They are responsible for the administration of their own areas. The chief steward also plans menus and compiles supply, overtime, and cost control records. They may requisition or purchase stores and equipment. They may bake bread, rolls, cakes, pies, and pastries. A chief steward's duties may overlap with those of

1350-534: The Great Lakes and Canada with New Orleans . Ores, coal, and grains can travel along the rivers of the American Midwest to Pittsburgh or to Birmingham , Alabama. Professional mariners are known as merchant seamen, merchant sailors, and merchant mariners, or simply seamen, sailors, or mariners. The terms "seaman" or "sailor" may also refer to a member of a country's martial navy . According to

1400-455: The Hague–Visby Rules and stayed with the 1924 Hague Rules. Some other countries which upgraded to Hague-Visby subsequently failed to adopt the 1979 SDR protocol. The Hague–Visby Rules were incorporated into English law by the Carriage of Goods by Sea Act 1971 ; and English lawyers should note the provisions of the statute as well as the text of the rules. For instance, although Article I(c) of

1450-407: The Rules exempts live animals and deck cargo, section 1(7) restores those items into the category of "goods". Also, although Article III(4) declares a bill of lading to be a mere "prima facie evidence of the receipt by the carrier of the goods", the Carriage of Goods by Sea Act 1992 section 4 upgrades a bill of lading to be "conclusive evidence of receipt". Under Article X, the Rules apply if ("a)

1500-686: The Unification of Certain Rules of Law relating to Bills of Lading". After being amended by the Brussels Amendments (officially the "Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading") in 1968, the Rules became known colloquially as the Hague–Visby Rules. A final amendment was made in the SDR Protocol in 1979. Many countries declined to adopt

1550-733: The attraction is a life unencumbered with the restraints of life ashore. Seagoing adventure and a chance to see the world also appeal to many seafarers. Whatever the calling, those who live and work at sea invariably confront social isolation. Findings by the Seafarer's International Research Center indicate a leading cause of mariners leaving the industry is "almost invariably because they want to be with their families." U.S. merchant ships typically do not allow family members to accompany seafarers on voyages. Industry experts increasingly recognize isolation, stress, and fatigue as occupational hazards. Advocacy groups such as International Labour Organization,

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1600-461: The average industrial wage is still very low, such as the Philippines or India . Officers however, come from all over the world and it is not uncommon to mix the nationality of the officers on board ships. Officers are often the recipients of university degrees and have completed vast amounts of training in order to reach their rank. Officers benefit e.g. by having larger, more comfortable cabins and table service for their meals. Contracts average at

1650-496: The bill of lading is issued in a contracting State, or (b) the carriage is from a port in a contracting State, or (c) the contract (of carriage) provides that(the) Rules ... are to govern the contract". If the Rules apply, the entire text of Rules is incorporated into the contract of carriage, and any attempt to exclude the Rules is void under Article III (8). Under the Rules, the carrier's main duties are to "properly and carefully load, handle, stow, carry, keep, care for, and discharge

1700-545: The case of jet boats, an inboard water jet. In shallow-draft areas, such as the Everglades , some craft, such as the hovercraft , are propelled by large pusher-prop fans. Most modern merchant ships can be placed in one of a few categories, such as: Ocean liners are usually strongly built with a high freeboard to withstand rough seas and adverse conditions encountered in the open ocean, having large capacities for fuel, food and other consumables on long voyages. These were

1750-539: The engine and deck departments work four hours on then have eight hours off watch keeping. However, there are many overtime jobs to be done daily. This cycle repeats endlessly, 24 hours a day while the ship is at sea. Members of the steward department typically are day workers who put in at least eight-hour shifts. Operations at sea, including repairs, safeguarding against piracy , securing cargo, underway replenishment , and other duties provide opportunities for overtime work. Service aboard ships typically extends for months at

1800-463: The engine department. Mariners spend much of their life beyond the reach of land. They sometimes face dangerous conditions at sea or on lakes – the fishing port of Gloucester, Massachusetts has a seaside memorial listing over 10,000 fishermen who lost their lives to the sea, and the Great Lakes have seen over 10,000 lost vessels since the 1800s, yet men and women still go to sea. For some,

1850-412: The global human-made emissions in 2012 and expects them to rise 50 to 250 percent by 2050 if no action is taken. The IEA forecasts that ammonia will meet approximately 45% of shipping fuel demands by 2050. For a port to efficiently send and receive cargo, it requires infrastructure : docks, bollards, pilings, cranes, bulk cargo handling equipment, and so on – equipment and organization supporting

1900-514: The goods carried" and to "exercise due diligence to ... make the ship seaworthy" and to "... properly man, equip and supply the ship". It is implicit (from the common law) that the carrier must not deviate from the agreed route nor from the usual route; but Article IV(4) provides that "any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of these Rules". The carrier's duties are not "strict", but require only

1950-517: The goods ready for shipment as agreed; (q.v."notice of readiness to load"). None of these shippers' obligations are enforceable under the Rules; instead they would give rise to a normal action in contract. With only 10 articles, the rules have the virtue of brevity, but they have several faults. When, after 44 years of experience, the 1924 rules were updated with a single minor amendment, they still covered only carriage wholly by sea (thereby ignoring multi-modal transport ), and they barely acknowledged

2000-598: The interests of the shipper/cargo-owner, the law should impose some minimum affreightment obligations upon the carrier. However, the Hague and Hague–Visby Rules were hardly a charter of new protections for cargo-owners; the English common law prior to 1924 provided more protection for cargo-owners, and imposed more liabilities upon "common carriers". The official title of the Hague Rules the "International Convention for

2050-601: The main stay of most passenger transport companies, however, due to the growth of air travel, the passenger ships saw a steady decline. Cruise ships later filled the void and are primarily used by people who still have a love of the sea and offer more amenities than the older passenger ships. A cargo ship sailing from a European port to a US one will typically take 10–12 days depending on water currents and other factors. In order to make container ship transport more economical, ship operators sometimes reduce cruising speed, thereby increasing transit time, to reduce fuel consumption,

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2100-461: The management of the ship". This provision is considered unfair to the shipper; and both the later Hamburg Rules (which require contracting states to denounce the Hague–Visby Rules) and Rotterdam Rules (which are not yet in force) refuse exemption for negligent navigation and management. Also, whereas the Hague–Visby Rules require a ship to be seaworthy only "before and at the beginning" of

2150-443: The most part are strangers, takes getting used to. At the same time, there is an opportunity to meet people from other ethnic and cultural backgrounds. Recreational opportunities have improved aboard some U.S. ships, which may feature gyms and day rooms for watching movies, swapping sea stories , and other activities. And in some cases, especially tankers, it is possible for a mariner to be accompanied by members of his family. However,

2200-727: The river and canal systems connecting inland destinations, large and small. For example, during the early modern era , cities in the Hanseatic League began taming Northern Europe 's rivers and harbors. Similarly, the Saint Lawrence Seaway connects the port cities on the Great Lakes in Canada and the United States with the Atlantic Ocean shipping routes, while the various Illinois canals connect

2250-620: The role of the facilities. From pier to pier these may differ, one dock handling intermodal transport needs (container-ships linked to rail by cranes); another bulk handling capabilities (such as conveyors, elevators, tanks, pumps) for loading and unloading bulk cargoes like grain, coal, or fuels. Others may be outfitted as passenger terminals or for mixed mode operations. Generally, Harbors , seaports and marinas all host watercraft, and consist of components such as piers , wharfs , docks and roadsteads . Multi-modal transport Multimodal transport (also known as combined transport )

2300-411: The sender, accepting a greater liability as carriers. Large sea carriers have also evolved into MTOs; they provide customers with so-called door-to-door service. The sea carrier offers transport from the sender's premises (usually located inland) to the receiver's premises (also usually situated inland), rather than offering traditional tackle-to-tackle or pier-to-pier service. MTOs not in the possession of

2350-594: The three conventions is shown below: Ship transport Maritime transport can be realized over any distance by boat, ship, sailboat or barge , over oceans and lakes, through canals or along rivers. Shipping may be for commerce , recreation , or military purposes. While extensive inland shipping is less critical today, the major waterways of the world including many canals are still very important and are integral parts of worldwide economies . Particularly, especially any material can be moved by water; however, water transport becomes impractical when material delivery

2400-513: The treaty ) defines multimodal transport as follows: "'International multimodal transport' means the carriage of goods by at least two different modes of transport on the basis of a multimodal transport contract from a place in one country at which the goods are taken in charge by the multimodal transport operator to a place designated for delivery situated in a different country". In practice, freight forwarders have become important MTOs; they have moved away from their traditional role as agents for

2450-571: The voyage, under the Rotterdam Rules the carrier will have to keep the ship seaworthy throughout the voyage (although this new duty will be to a reasonable standard that is subject to the circumstances of being at sea). By contrast, the shipper has fewer obligations (mostly implicit), namely: (i) to pay freight; (ii) to pack the goods sufficiently for the journey; (iii) to describe the goods honestly and accurately; (iv) not to ship dangerous cargoes (unless agreed by both parties); and (v) to have

2500-458: Was also a radio department, headed by a chief radio officer and supported by a number of radio officers. Since the introduction of GMDSS (Satellite communications) and the subsequent exemptions from carrying radio officers if the vessel is so equipped, this department has fallen away, although many ships do still carry specialist radio officers, particularly passenger vessels. Many radio officers became 'electro-technical officers', and transferred into

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