The Legal System Research Of Maritime Performing Party Under Rotterdam Rules

Rotterdam Rules, adopted at the 67th Meeting of the 63rd UN General Assembly after ten years'discussion, is of great concern in word wide because of its advancement, innovativeness and practicability, as well as its overwhelming force of unifying the former three major marine conventions once coming into force. There are many creative contents, such as control right, volume contract and delivering cargo without B/L and etc. in Rotterdam Rules. Carrier's responsibility is increased and a new liability subject, Maritime Performing Party, is created by these new contents. However, new contents relating to Maritime Performing Party which appears in some sections of the said Rules disorderly and separately, isn't a complete system and is difficult to practice. Therefore, this paper focuses on the completely and systematically research on Maritime Performing Party from a legal system angle. At the same time, combined with the evaluation on Rotterdam Rules and the writer's location which near Southeast Asia, this paper aims at researching Maritime Performing Party System, analyzing the said System's influence on China and ASEAN, and providing relating suggestions for China's transportation strategy against ASEAN.Comparison method, deduction method, induction method, reduction to absurdity method, case analysis method etc, are adopted in this paper to research and structure Maritime Performing Party System. This paper also point out that Maritime Performing Party System has specific legal status, clear rights, obligations as well as liabilities and applied legislations relating to time bar, jurisdiction etc, therefore, it is a comprehensive, advanced, and practical system. Based on this foundation, the Maritime Performing Party's impact on maritime legislation in China and ASEAN will be analysized.This paper consists of Introduction, Body and Conclusion.Introduction part introduces the major research scope and related research situation.Body part of this paper consists of six Chapters.Chapter 1, Overview of Maritime Performing Party, discusses the evolution of Performing Party, and definition, scope, features as well as significance of Maritime Performing Party. Meanwhile, this chapter also analyses the relationship of the creation of Maritime Performing Party and maritime legislation in China and ASEAN. Chapter 2, Legal Status of Maritime Performing Party. In this chapter, after analyzing related provisions in Hague Rules, Hague Visby Rules, Hamburg Rules and Rotterdam Rules, legal status of Maritime Performing Party is cleared:on one hand, Maritime Performing Party is carrier's independent contractor; on the other hand, it brokes the privity of contract in the relationships of carriage of goods by sea. Legal status of the subjects who has the same status as Maritime Performing Party under marine legislations in both China and ASEAN are also discussed.Chapter 3, Maritime Performing Party's rights, this chapter includes three parts: Maritime Performing Party's legal rights under Rotterdam Rules; mortgage of China's port performing party under Rotterdam Rules; rights of legal subjects who has the same status as Maritime Performing Party in both China and ASEAN.Chapter 4, Maritime Performing Party's obligations, deals with legal obligations of Maritime Performing Party under Rotterdam Rules. Maritime Performing Party's obligation of following controlling party's instructions is further demonstrated. Moreover, obligations of legal subjects who have the same status as Maritime Performing Party in China and ASEAN, and the impact on them, the adoptions what they took are also discussed.Chapter 5, Maritime Performing Party's responsibilities. Character, basis, period, scope of the said responsibility, as well as the relationship between the carrier's and Maritime Performing Party's responsibilities are covered in detail in this chapter. Furthermore, responsibilities of delivering goods without B/L for China's port performing party is also mentioned under Rotterdam Rules. Besides, responsibilities of the legal subjects who have the same status as Maritime Performing Party in China and ASEAN are included in this chapter also.Chapter 6, Judicial procedure on the Maritime Performing Party. This chapter analysis actions, which is the last step of the Maritime Performing Party System, from time bar, jurisdiction, applied law etc. Related regulations regarding actions of legal subjects who have the same status as Maritime Performing Party in China and ASEAN are also elaborated in this chapter.The conclusion part summarizes the body part of this paper, analyzes the Maritime Performing Party system's influence against our country under Rotterdam Rules and provides some suggestions for amending of the CMC after clarifying the constitution of Maritime Performing Party system. At the same time, the potential influence of Maritime Performing Party system on ASEAN and ASEAN's attitude for Rotterdam Rules are covered in this part on the purpose of providing research and consultant material for China's transportation strategy against Southeast Asia.