What is the scope of protection offered under the Hamburg Rules of 1978?
The Hamburg Rules of 1978 provide a framework of protection and compensation for loss or damage of goods occurring while they are being transported by sea. The Rules cover all goods, passengers and their luggage that are moved by sea in international trade. The scope of protection offered by the Rules is extensive and covers virtually all risks associated with sea transportation, including collision, piracy, ice, jettison, and stranding of the vessel. The Rules also protect the contractual rights of the parties involved in the transaction, including shippers, charterers, and carriers. The Rules also recognize that in some cases, risk may be transferred from one party to another, such as from the shipper to the carrier or from the carrier to the charterer. The Rules provide both liability limits and rights of compensation, depending on the circumstances of the case and the parties involved. In the event of loss or damage to goods, the Rules provide a liability limit of 8.33 special drawing rights per kilogram of the goods. If the liability limit is exceeded, then the carriers and other liable parties are responsible for the full amount of damages, although certain exclusions and limitations may apply. In addition, the Rules provide that the carrier is liable for damages even if the loss or damage is due to an act of God or an act of war. The Rules also provide that the shipper is entitled to receive compensation under certain circumstances, including cases where the carrier is deemed negligent in fulfilling its obligations.
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