Responsibilities, Obligations And Rights Of The Carrier And The Shipper: Comparative Analysis

This paper attempts to discuss lucidly the provisions relating to responsibilities, obligations, liabilities, defenses, and rights of the carrier and the shipper in Hague-Visby Rules, Hamburg Rules and China Maritime Code, as they stand. It is the aim of this paper to construe the provisions pertaining thereto in such plainness that their practical application could be understood with ease, and flaws would be surfaced. Having done that, attempts are made to formulate proposals, particularly in respect to the Code, how clarity could be achieved, lacunas could be filled, illogical or obsolete provisions could be replaced with sound and elegant provisions, and issues related to the interface between the contract of carriage and contract of sale of goods could be dealt with, to bring about efficiency in international trade. The method of study adapted in this paper is comparative analysis of the relevant provisions of Hague-Visby Rules, Hamburg Rules and China Maritime Code. Particularly, identity of carrier problem, risk allocation schemes, period of responsibility, transshipment, positive obligations laid upon the carrier and the shipper, the meaning of the shipper, the extent of damages each could claim against another or otherwise should the shipper or the carrier breach contractual or statutory duty, the defenses available thereunder in favour of the carrier and the shipper, the limitation of liability, the rights of the shipper against the goods during their transportation and custody of the carrier, are discussed under their respective chapters in depth, with the author's point of views in various issues.