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НЕ 585 Il 1922

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REPORT OF THE DELEGATES OF THE UNITED STATES..

1

EXHIBIT A.-List of delegates....

7

Exhibit B.-Rules for the carriage of goods by sea, as submitted to the Comité

Maritime International, London, October 9–11, 1922..

8

EXHIBIT C.-Rules for the carriage of goods by sea, as amended by the Comité

Maritime International, London, October 9–11, 1922—The Hague Rules, 1922. 13

EXHIBIT D.-Recommendations from reports of national associations in re-

gard to immunity of State-owned and State-chartered vessels....

18

EXHIBIT E.-Report of the sous-commission on rules for the carriage of goods by

sea, International Conference on Maritime Law, Brussels, October 17–26, 1922. 23

EXHIBIT F.—Texts adopted by the sous-commission (March-April, 1913)....

French texts:

I. Avant-projet de convention internationale pour l'unification

de certaines règles concernant la limitation de la responsabilité

des propriétaires de navires de mer....

30

II. Avant-projet de convention internationale pour l'unification

de certaines règles relatives aux hypothèques et aux privilèges

maritimes...

35

Rapport de Monsieur Lyon-Caen..

39

English translations:

I. Tentative draft of an international convention for the unifica-

tion of certain rules relating to the limitation of the liability of

owners of seagoing vessels....

42

II. Tentative draft of an international convention for the unifica-

tion of certain rules relating to maritime mortgages and liens... 47

Report by Mr. Lyon-Caen...

51

Exhibit G.-Observations of the delegates of the United States on the tenta-

tive draft of an international convention relating to the limitation of the

liability of owners of seagoing vessels.

54

EXHIBIT H.-Tentative draft of an international convention for the unification

of certain rules relating to the limitation of the liability of owners of seagoing

vessels, as reported by the sous-commission, 1922:

French text...

56

English translation..

60

EXHIBIT I. –Tentative draft of an international convention for the unification

of certain rules relating to maritime mortgages and liens, as reported by the

SOUS-commission, 1922:

French text...

64

English translation.

68

APPENDIX Ă.-Protocole...

72

Recommended drafts of conventions (French).

I. Projet de convention internationale pour l'unification de certaines

règles concernant la limitation de la responsabilité des propriétaires

de navires de mer..

75

II. Projet de convention internationale pour l'unification de certaines

règles relatives aux privilèges et hypothèques maritimes...

80

III. Base d'une convention internationale pour l'unification de cer-

taines règles en matière de connaissement...

84

APPENDIX B.-Protocol.....

90

Recommended drafts of conventions (English).

I. Draft international convention for the unification of certain rules

relating to the limitation of the liability of owners of seagoing vessels. 90

II. Draft international convention for the unification of certain rules

relating to maritime mortgages and liens.

96

III. Draft international convention for the unification of certain rules

relating to bills of lading.

100

REPORT

OF THE

DELEGATES OF THE UNITED STATES TO THE INTERNATIONAL CONFERENCE ON MARITIME LAW, FIFTH SESSION,

BRUSSELS, BELGIUM, OCTOBER 17-26, 1922.

same men.

TO THE PRESIDENT OF THE UNITED STATES:

Pursuant to instructions from the Acting Secretary of State, dated September 19, 1922, we attended the meeting of the Comité Maritime International held October 9–11 in London.

Exhibit A herewith is the official list of delegates to the Brussels Conference. The names marked with an asterisk (*) attended also in London. This document sufficiently shows that all the principal maritime nations were in both cities largely represented by the

These men for the most part are, if not practicing lawyers, men of legal training,

The London meeting, however, differing from that in Brussels, was also largely attended by shipowners and cargo shippers. Such men constituted numerically a majority of the attendance, and the discussions were quite as much of a business as a legal nature.

Exhibit B sets forth the “Rules for carriage of goods by sea as submitted to the London meeting of the Comité; they are The Hague Rules of 1921, with such amendments as had been agreed to before the meeting by representatives of ship-owning and cargoowning interests largely British, but also French, Belgian, and Dutch.

The opposition to the substance of these rules as it appeared in London may be summarized under two heads: (1) A fear that the rules would infringe many local laws in many countries as to carriers' responsibilities before loading and after unloading. This was met by strictly limiting the rules to the period between loading and unloading (2) The owners of cargo boats, usually chartered and frequently time-chartered, objected strongly to any legal system which required the master of a chartered ship to issue bills of lading of the definiteness as to quantity and other details required by the rules. This was met as far as it could be by plainly permitting the owner to contract by charter out of the obligation to issue master's bills, while still requiring such bills as might be issued to conform to the rules from the time when they became the actual contract governing the carriage of the goods.

Every clause of Exhibit B was considered by a subcommittee (upon which we were given places) and discussed in plenary session. Some changes in phraseology were made, but except as above noted no change in the spirit of the rules as contained in Exhibit B was adopted. But it is to be noted that no conclusion as to the wording of article III, 6 (the loss and damage clause) was reached. This matter was in terms referred to the Brussels gathering.

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