Studies On The Right Of Control In International Carriage Of Goods By Sea

As for the contents, kind, body and exercise of the right of control, the scholars in current educational circles have different opinions. Based on the clauses of right of control in the draft of UNCITRAL Transport Law, comparing to the relative laws of the countries of the world, this paper will study and analysis the question of the right of control in international carriage of goods by sea, and bring up the following points:The first, the right of control of the goods means the right under the contract of carriage to give the carrier instructions in respect of these goods during the period of his responsibility. Such right to give the carrier instructions comprises rights to: (a)give or modify instructions in respect of the goods [that do not constitute a variation of the contract of carriage]; (b)stop the carriage of goods by sea; (c)demand delivery of the goods before their arrival at the place of destination; (d)replace the consignee by any other person including the controlling party. The provision of that rights is not only applicable to the contract of carriage which is proofed by traditional bill of lading, but also be applicable to the contract of carriage which is proofed by electronic bill of lading and sea waybill.The second, as for the kind of right of control, I support the theory of right of claim, and think the right of control belongs to the right of claim based on contract.The third, to make the characteristics of right of control more clear and definite, this paper compares the right of control in international carriage of goods by sea, with the relative rights in other transport forms, "stoppage in transit" and the right in the Article 308,Contract Law ofChina. The fourth,beeause of the sPeeial of earriage of goods by sea,basedon the ease whether negotiable transPort doeument 15 signed or not,theeorPus,the method of right of eontrol and the reasons of its disaPPearaneeare different. Finally,based on the Present law and legislating develoPment of oureountry,this PaPer Put forward the revised adviee that the eolllPleteProvision of the right of eontrol be added to Maritime Code of the PeoPle'sRePublie of China. To avoid the dispute,the format of the basie item shouldbe aPPI ied,and our eourt should further aeknowledge the effeet of theguarantee letter between the Parties eoneerned.