“(c) Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or units enumerated in the bill of lading as packed in such article of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned. Except as aforesaid such article of transport shall be considered the package or unit.

“(d) The franc means a unit consisting of 65.5 milligrams of gold of millesimal fineness 900. The date of conversion of the sum awarded into national currencies shall be governed by the law of the court seized of the case.

“(e) Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probably result.

“(f) The declaration mentioned in sub-paragraph (a) of this paragraph, if embodied in the bill of lading, shall be prima facie evidence, but shall not be binding or conclusive on the carrier.

“(g) By agreement between the carrier, master or agent of the carrier and the shipper other maximum amounts than those mentioned in sub-paragraph (a) of this paragraph may be fixed, provided that no maximum amount so fixed shall be less than the appropriate maximum mentioned in this sub-paragraph.

“(h) Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connection with, goods if the nature or value thereof has been knowingly misstated by the shipper in the bill of lading.”

Article 3. Between Articles 4 and 5 of the Convention the following Article 4 bis shall be inserted:

“1. The defences and limits of liability provided for in this Convention shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort.

“2. If such an action is brought against a servant or agent of the carrier (such servant or agent not being an independent contractor), such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under this Convention.

3. The aggregate of the amounts recoverable from the carrier and such servants and agents shall in no case exceed the limit provided for in this Convention.

“4. Notwithstanding this, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this article, if it is proved that the damage resulted from an act or omission of the servant or agent,

committed with intent to cause harm or recklessly and with knowledge that harm would probably result».

Article 4. Article 9 of the Convention is deleted and replaced by the following: “This Convention shall not affect the provisions of any international Convention or national law which governs liability for nuclear damage”.

Article 5. Article 10 of the Convention is deleted and replaced by the following: “The provisions of this Convention apply to every bill of lading relating to the carriage of goods between ports in two different States if:

(a) the bill of lading is issued in a Contracting State; or
(b) the carriage is performed from a port in a Contracting State; or

“(c) a contract contained in or evidenced by a bill of lading provides that the rules of this Convention or legislation of any State giving effect to them govern the contract, “regardless of the nationality of the ship, the carrier, the shipper, the consignee or any other interested person. “Each Contracting State shall apply the provisions of this Convention to the above-mentioned bills of lading. “This article does not prevent a Contracting State from applying the rules of this Convention to bills of lading not covered by the preceding paragraphs.”

Article 6. In relations between the Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instrument. A Party to this Protocol shall have no duty to apply the provisions of this Protocol to bills of lading issued in a State which is a Party to the Convention but which is not a Party to this Protocol.

Article 7. In relations between the Parties to this Protocol, denunciation of the Convention by any of them in accordance with its Article 15 shall in no way be construed as denunciation of the Convention as amended by this Protocol.

Article 8. Any dispute between two or more Contracting Parties concerning the interpretation or application of the Convention, which cannot be settled by negotiation, shall, at the request of one of them, be referred to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any of those Parties may refer the dispute to the International Court of Justice by application in conformity with the Statute of the Court.

Article 9. (1) Each Contracting Party may, at the time of signing or ratifying this Protocol or acceding to it, declare that it does not consider itself bound by Article 8 of this Protocol. The other Contracting Parties shall not be bound by this Article with respect to any Contracting Party that has made such a reservation.

(2) Any Contracting Party that has made a reservation in accordance with paragraph 1 may at any time withdraw that reservation by notification to the Government of Belgium.

Article 10. This Protocol shall be open for signature by States which have ratified or acceded to the Convention before 23 February 1968, as well as by any State represented at the twelfth session (1967-1968) of the Diplomatic Conference on the Law of the Sea.

Article 11. (1) This Protocol shall be subject to ratification.

(2) Ratification of this Protocol by any State which is not a Party to the Convention shall have the effect of accession to the Convention.

(3) Instruments of ratification shall be deposited with the Government of Belgium.

Article 12. (1) States members of the United Nations or members of specialized agencies of the United Nations, not represented at the twelfth session of the Diplomatic Conference on Maritime Law, may accede to this Protocol.

(2) Accession to this Protocol shall have the effect of accession to the Convention.

(3) Instruments of accession shall be deposited with the Government of Belgium.

Article 13. (1) This Protocol shall enter into force three months after the date of the deposit of the tenth instrument of ratification or accession, of which at least five shall have been deposited by States each of which has a tonnage equal to or exceeding one million gross tons.

(2) For each State which ratifies this Protocol or accedes thereto after the date of the deposit of the instrument of ratification or accession which determines the entry into force in accordance with paragraph 1 of this Article, this Protocol shall enter into force three months after the deposit of its instrument of ratification or accession.

Article 14. (1) Any Contracting State may denounce this Protocol by notification to the Government of Belgium.

(2) Such denunciation shall have the effect of denunciation of the Convention.

(3) Denunciation shall take effect one year after the date on which the notification was received by the Government of Belgium.

Article 15. (1) Any Contracting State may, at the time of signature, ratification or accession or at any time thereafter, declare by written notification to the Government of Belgium to which territories, under its sovereignty or for whose international relations it is responsible, this Protocol applies. The Protocol shall extend to the territories specified in such notification three months after the date of receipt of such notification by the Government of Belgium, but not earlier than the date on which the Protocol enters into force for such State.

(2) This extension shall also apply to the Convention if the latter is not yet applied to these territories.

(3) Any Contracting State which has made a declaration in accordance with paragraph 1 of this Article may at any time thereafter declare by notification to the Government of Belgium that the Protocol shall cease to extend to such territory. Such denunciation shall take effect one year after the date on which the notification thereof was received by the Government of Belgium; it shall also apply to the Convention.

Article 16. The Contracting Parties may give effect to this Protocol either by giving it the force of law or by including in their national legislation in a form appropriate to that legislation the rules adopted under this Protocol.

Article 17. The Government of Belgium shall notify the States represented at the twelfth session (1967-1968) of the Diplomatic Conference on Maritime Law, the States which have acceded to this Protocol, and the States Parties to the Convention of the following:

1. Signatures, ratifications and accessions received in accordance with Articles 10, 11 and 12.

2. The date on which this Protocol shall enter into force in accordance with Article 13.

3. Notifications concerning territorial application in accordance with Article 15.4. Denunciations received in accordance with Article 14.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, duly authorized, have signed this Protocol.

DONE at Brussels on 23 February 1968 in the French and English languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of Belgium, which shall furnish certified copies.

Signatures to the 1968 Protocol

The signature pages contain the names of states in French and English, below which are given the signatures or names of the representatives. Below is a Ukrainian reproduction of the content of these pages.

• For Algeria:
• For the Federal Republic of Germany: R. von Ungern-Sternberg; Dr. Ernst Gessler
• For Argentina: Dr. Carlos I. Garcia Teran
• For Australia:
• For Austria:
• For Belgium: Albert Lilar
• For the People’s Republic of Bulgaria:
• For Cameroon: F. Oyono, 26 April 1968
• For Canada: H. J. Darling
• For the Republic of China: Hiong-Fei Tchen
• For the Vatican City State: Robert de Smet; Lionel Tricot
• For the Democratic Republic of the Congo: E. Paytiyo; B. Kalonji Tshikala
• For the Republic of Korea:
• For Denmark: [name of signatory not established]
• For Ecuador:
• For Spain: [name of signatory not established]
• For the United States of America: Edward Schmeltzer; Allan I. Mendelsohn
• For Finland: Sigurd von Numers
• For France: [name of signatory not established]
• For Ghana:
• For the United Kingdom of Great Britain and Northern Ireland: Kenneth Diplock
• For Greece: A. Argyropoulos
• For India:
• For Iran:
• For Ireland:
• For Israel:
• For Italy: Stanislao Cantono di Ceva
• For Japan:
• For Lebanon:
• For Liberia: Herbert R. W. Brewer; George E. Henries; Burton H. White
• For Morocco:
• For Mauritania: Ali Bere Kone
• For Monaco:
• For Nicaragua:
• For Nigeria:
• For Norway: [name of signatory not established]
• For Paraguay: Luis Martinez Miltos, 30 April 1968
• For the Netherlands: [name of signatory not established]
• For Peru:
• For the Republic of the Philippines: Nestor Joven; Romeo Malimban; Conrado de Castro

• For the Polish People’s Republic: Stanislaw Matysik; reservation: The Polish People’s Republic does not consider itself bound by Article 8 of this Protocol.
• For Portugal:
• For the United Arab Republic: [name of signatory not established]
• For the Republic of South Africa:
• For the Malagasy Republic:
• For Sweden: Tage Grönwall
• For Switzerland: W. Müller
• For Thailand:
• For Togo:
• For the Union of Soviet Socialist Republics:
• For Uruguay: Carlos M. Romero Ugarteche
• For Venezuela:
• For Yugoslavia:

Note on the signature pages: in some cases the name of the signatory could not be established.

Reservations and declarations made upon ratification or accession

Egypt

The Arab Republic of Egypt does not consider itself bound by Article 8 of the said Protocol.

German Democratic Republic

The German Democratic Republic does not consider itself bound by the provisions of Article 8 of the Protocol, according to which a dispute concerning the interpretation and application of the Protocol which cannot be settled by negotiation shall, at the request of one of the parties to the dispute, be referred to arbitration. In this connection, the German Democratic Republic is of the view that the settlement of a dispute by arbitration requires the consent of all parties to the dispute in each individual case.

The German Democratic Republic is of the view that the provisions of article 12 of the Protocol are contrary to the principle which gives all States whose policies are guided by the purposes and principles of the Charter of the United Nations the right to accede to conventions affecting the interests of all States. In its position with respect to the provisions of article 15 of the Protocol, in so far as they relate to the application of the Protocol to colonies and other dependent territories, the German Democratic Republic is guided by the provisions of the United Nations Declaration on the Granting of Independence to Colonial Countries and Peoples (General Assembly resolution 1514 (XV) of 14 December 1960), which proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations.

Netherlands

The Government of the Kingdom of the Netherlands reserves the right by official regulations to specify that in the cases provided for in subparagraphs 2 (c) – (p) of article 4 of the Convention, the holder of the bill of lading may establish the personal fault of the carrier or the fault of the carrier’s agents not covered by subparagraph (a).

Poland

[Confirmation of the reservation made at the time of signature; see page 137 of this volume.]

Singapore

Singapore is bound by the Convention of 25 August 1924 as a result of the extension by Great Britain of the application of the Convention to the Straits Settlements on 2 December 1930 (in accordance with article 13 of the Convention).

PROTOCOL TO AMEND THE INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING OF 25 AUGUST 1924, AS AMENDED BY THE PROTOCOL OF 23 FEBRUARY 1968

The Contracting Parties to this Protocol,

being Parties to the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, done at Brussels on 25 August 1924, as amended by the Protocol to amend this Convention, done at Brussels on 23 February 1968, have agreed as follows:

Article I. For the purposes of this Protocol, “Convention” means the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading and the Protocol of Signature thereto, done at Brussels on 25 August 1924, as amended by the Protocol done at Brussels on 23 February 1968.

Article II. (1) Subparagraph (a) of paragraph 5 of article 4 of the Convention is replaced by the following:

“(a) Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding 666.67 units of account per package or unit or 2 units of account per kilogram of gross weight of the goods lost or damaged, whichever is the higher.”

(2) Subparagraph (d) of paragraph 5 of article 4 of the Convention is replaced by the following:

“(d) The unit of account referred to in this article is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in subparagraph (a) of this paragraph shall be converted into the national currency on the basis of the value of that currency on the date determined by the law of the court seized of the case. “The value of the national currency, in terms of the Special Drawing Right, of a State which is a member of the International Monetary Fund shall be calculated in accordance with the method of valuation applied by the International Monetary Fund on the relevant date for its operations and transactions. The value of the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund shall be calculated in a manner determined by that State. “However, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of the preceding sentences may, at the time of ratification of or accession to the 1979 Protocol or at any time thereafter, declare that the limits of liability provided for in this Convention for application in its territory shall be fixed as follows:

“(i) in respect of the amount of 666.67 units of account referred to in subparagraph (a) of paragraph 5 of this article, 10,000 monetary units; “(ii) in respect of the amount of 2 units of account referred to in subparagraph (a) of paragraph 5 of this article, 30 monetary units. “The monetary unit referred to in the preceding sentence corresponds to 65.5 milligrams of gold of millesimal fineness 900. The conversion of the amounts referred to in this sentence into the national currency shall be made according to the law of the State concerned. “The calculation and conversion referred to in the preceding sentences shall be made in such a manner as to express in the national currency of the State concerned, as far as possible, the same real value for the amounts referred to in subparagraph (a) of paragraph 5 of this article as is expressed therein in units of account.

“States shall notify the depositary of the method of calculation or the result of the conversion, as the case may be, at the time of deposit of the instrument of ratification of or accession to the 1979 Protocol and whenever there is a change in either of them.”

Article III. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Protocol which cannot be settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by application in conformity with the Statute of the Court.

Article IV. (1) Each Contracting Party may, at the time of signature or ratification of or accession to this Protocol, declare that it does not consider itself bound by Article III.

(2) Any Contracting Party which has made a reservation in accordance with paragraph (1) may at any time withdraw that reservation by notification to the Government of Belgium.

Article V. This Protocol shall be open for signature by States which have signed the Convention of 25 August 1924 or the Protocol of 23 February 1968 or which are Parties to the Convention.

Article VI. (1) This Protocol shall be subject to ratification.

(2) Ratification of this Protocol by any State which is not a Party to the Convention shall have the effect of ratification of the Convention.

(3) Instruments of ratification shall be deposited with the Government of Belgium.

Article VII. (1) States not referred to in Article V may accede to this Protocol.

(2) Accession to this Protocol shall have the effect of accession to the Convention.

(3) Instruments of accession shall be deposited with the Government of Belgium.

Article VIII. (1) This Protocol shall enter into force three months after the date of deposit of the fifth instrument of ratification or accession.

(2) For each State which ratifies this Protocol or accedes thereto after the fifth deposit, this Protocol shall enter into force three months after the deposit of its instrument of ratification or accession.

Article IX. (1) Any Contracting Party may denounce this Protocol by notification to the Government of Belgium.

(2) The denunciation shall take effect one year after the date on which the notification was received by the Government of Belgium.

Article X. (1) Any State may, at the time of signature, ratification or accession, or at any time thereafter, declare by written notification to the Government of Belgium to which territories, for whose international relations it is responsible, this Protocol shall apply. The Protocol shall extend to the territories specified in such notification three months after the date of receipt of such notification by the Government of Belgium, but not before the date on which the Protocol enters into force for such State.

(2) Such extension shall also apply to the Convention if the latter does not yet apply to those territories.

(3) Any Contracting Party which has made a declaration under paragraph (1) of this Article may, at any time thereafter, declare by notification to the Government of Belgium that the Protocol shall cease to extend to such territories. Such denunciation shall take effect one year after the date on which the notification thereof was received by the Government of Belgium.

Article XI. The Government of Belgium shall notify the States which have signed the Protocol and acceded thereto of the following:

1. Signatures, ratifications and accessions received in accordance with Articles V, VI and VII.

2. The date on which this Protocol shall enter into force in accordance with Article VIII.

3. Notifications concerning territorial application in accordance with Article X.

4. Declarations and notifications made in accordance with Article II.

5. Declarations made in accordance with Article IV.

6. Denunciations received in accordance with Article IX.

IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this Protocol.

DONE at Brussels on 21 December 1979, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of Belgium, which shall transmit certified copies.

Note 1. The Protocol entered into force on 14 February 1984, that is, three months after the date of deposit with the Government of Belgium of five instruments of ratification or accession in accordance with paragraph 1 of Article VIII. The States and dates specified in the document: Belgium (7 September 1983), Denmark (3 November 1983, with a declaration of non-application to the Faroe Islands and Greenland), Spain (6 January 1982), Sweden (14 November 1983), United Kingdom of Great Britain and Northern Ireland (2 March 1982; in respect of a number of territories – 20 October 1983). Thereafter, the Protocol entered into force for Norway (1 March 1984), Poland (6 October 1984) and Finland (1 March 1985).

Signatures to the 1979 Protocol

• For Algeria:
• For the Federal Republic of Germany:
• For Angola:
• For Argentina:
• For Belgium: F. Baekelandt
• For Chile: E. Cornejo Fuller
• For Vatican City State: S. Marcus Helmons
• For Denmark:
• For Egypt:
• For Ecuador:
• For Spain: Nuno Aguirre de Cárcer y Lopez, 4-VI-1980
• For the United States of America:
• For Finland: [name of signatory not established]
• For France:
• For Greece:
• For Hungary:
• For Israel:
• For Italy: [name of signatory not established]
• For Japan:
• For Kenya:
• For Lebanon: J. Donato, 7-II-1980
• For Liberia:
• For Madagascar: P. Ranjeva, 11-I-1980
• For Mauritius:
• For Monaco:
• For Nigeria:
• For Norway: [name of signatory not established]
• For the Netherlands:
• For Peru:
• For Poland: W. Flera
• For Portugal: Paulo Tiago Fernandes Jeronimo da Silva
• For the United Kingdom of Great Britain and Northern Ireland: C. A. Palmer
• For Senegal:
• For Singapore: G. J. Knight
• For Sweden: [name of signatory not established]
• For Switzerland: W. Müller; R. Stettler
• For Syria: F. Laham; declaration: the acceptance of this Protocol, as well as its signature, in no way implies recognition of Israel and does not entail an obligation on the part of the Syrian Arab Republic to maintain relations arising from the provisions of this document.
• For Turkey:

Note on the signature pages: in some cases the name of the signatory could not be established.

Reservation made upon ratification

Poland

“…does not consider itself bound by Article III.”

Source*:

https://treaties.un.org/pages/showdetails.aspx?objid=08000002800d54ea

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*Sources are current as of 29.06.2026.