Hague Visby Rules - When is a country a Contracting State?

In a recent judgment, the Federal Court of Australia considered how Ireland had adopted the Hague Visby Rules (H/V Rules) and if Ireland was deemed to be a 'Contracting State'.

Parties to shipping contracts might assume that a country is a Contracting State to an international convention, without considering how that country may have adopted a convention.

Hague Visby Rules

Whether a country is a 'Contracting State' may determine if the H/V Rules apply compulsorily when, for example, goods are shipped from, and/or a bill of lading is issued in a 'Contracting State'. Article 10 of the H/V Rules provides three situations which trigger the application of the H/V Rules:

1. the bill of lading is issued in a Contracting State; or