The Research Of Carrier's Rights In The Carriage Of Goods By Sea

This paper mainly discusses the rights of carrier in a contract of carriage of goods by sea. In support to the discussion of this topic, the author also analyzes the theoretical development of the carrier's rights, the contents of the carrier's rights, and the realization of it in a systematic way.First, the paper reviewed the theoretical development of the carrier's rights in the last century. From the principle of "freedom of contract" to the "Harter Act", and from the "Hague Rules" to the birthof "Hamburg Rules", the development of the carrier's rights is a product of the struggle and balancing of the relationship in the contract of carriage of goods by sea.Then, with a reference to the relevant provisions of CMC, this paper analyzes the nature and the legal characteristics of the carrier's rights and some other basic theoretic problems. The author points out that, compared with the carrier's rights in other ways of transport, the carrier's rights in a contract of carriage of goods by sea have a distinct character.The core of this paper is the analysis of the contents of the carrier's principal rights. The author first analyzes the practical problems in the context of Chinese current legal environment, with reference to the international conventions and their trend of development, and then the author provides her own suggestion for the amendment of relevant Chinese provisions in CMC.After a thorough discussion and analysis of the carrier's rights in a contract of carriage of goods by sea, this paper advances to discuss the identification of the carrier and actual carrier, and the latter's rights. Through the comparison of the rights of the carrier and actual carrier, the author explains her own viewpoint.In the end, the author reiterates the necessity to amend the relevant provisions of CMC, and the importance to protect the carrier's rights.