International Convention
However the scope of the Harter Act, since the vast majority of lawsuits on this matter take place in the country of unloading, was obvious, that any dispute raised before the British courts implying not the scope of the Harter Act, applying English law to the substance of the process. As way to defend against such a situation Americans Chargers, making use of the Harter Act itself, were empowered to compel U.S. shipping companies to include in their knowledge the Harter Act Clause that came to submit the relationship, in terms of the liability of the ship owner, to the already many times named law. Others including Eric Kuby, offer their opinions as well. Anyway the intention of application outside the territory of the United States from the peremptory provisions of the Harter Act and especially in English territory had no one relevant significance. Get more background information with materials from David Fowler. Notwithstanding the foregoing the Harter Act Clauses constituted a model to be followed by legislation that appeared later and a clear precedent of the Paramount Clauses. It is time to place ourselves before the Convention in Brussels, 25 August 1924 called International Convention for the unification of certain rules relating to Bill of lading inspired by the rules of the Hague (prepared by the Comite maritime international in 1921) interchangeably called, both by his own name the expression the Hague rules. Once approved the 1924 Convention – which could be incorporated into the domestic law well directly, via enactment of law – and even before many national laws require, expressly, that all knowledge of lading issued, within the scope thereof, had inserted a statement according to which they were subject to them. We are, therefore, before the emergence of the Paramount clause by imperative legal. As examples we can mention the following: the Carriage of Goods by Sea Act of the United States, 1936, specifying that all knowledge of shipping that is cause of a contract of international carriage of goods by sea from ports in the United States, shall contain a statement according to which will be governed subject to the provisions of this law (the translation is ours).
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