Survey of Package Limitation by Jurisdiction

1. Argentina applies the Hague Rules package limitation of £100 if the relevant cargo is shipped from a country where the Hague Rules apply.
   
   
2. Australia adopted a number of amendments to the Hague-Visby Rules, which became effective on 1 July 1998. The principal amendments included an extension of the carrier’s period of responsibility, the imposition of a liability for unjustifiable delay (limited to 2.5 times the value of the freight paid on terms similar to the Hamburg Rules) and clarified the carrier’s position in relation to unauthorised deck carriage.
   
   
3. Apart from claims for delay, which are subject to the Hamburg Rules limitation of 2.5 times the value of the freight paid for the goods delayed.
   
   
4. Despite Ecuador’s adoption of the Hague-Visby Rules regime, courts of Ecuador may apply the national Code of Commerce, disallowing package limitation.
   
   
5. Notwithstanding Egypt’s adoption of the Hamburg Rules, the Hague-Visby Rules may still be applied in particular circumstances.
   
   
6. Turkish courts have disregarded the applicable package limitation if either invoice or letter of credit details are included in the bill of lading.
   
   
7. The USA text adopting COGSA refers to the limit of US$500 applying "per package or customary freight unit". The issue of what is meant by a "customary freight unit" or what constitutes a package for the purposes of COGSA requires consideration on a case by case basis. The principle of "fair opportunity" discussed in Vol. 16 of "Sea Venture" (page 25) also still applies and remains substantially unchanged. In addition draft amendments, which incorporate a number of provisions similar to those of the Hamburg Rules, are under consideration in the USA.

• Other countries which are believed to apply the Hague Rules (or a similar regime) include: Angola, Antigua & Barbuda, Belize, Dominican Republic, Gambia, Ghana, Grenada, Guyana, Ivory Coast, Jamaica, Kiribati, Madagascar, Malagasy Republic, Mozambique, Nauru, St. Kitts-Nevis, St. Lucia, St. Vincent & The Grenadines, Seychelles, Solomon Islands, Somalia, Trinidad & Tobago, Tuvalu and Zaire.

• In addition it is believed that the Hamburg Rules apply in Burkina Faso and Lesotho.

• This Summary does not address which countries deal with Hague Rules limitation of £100.00 (or equivalent) on a "gold value" basis.

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