Research On The Legal Questions Of THC

The question of Terminal Handling Charge (THC) is an important matter under dispute in international shipping circles. Since liner companies introduced THC in China with effect from 15 January 2002, the move to collect THC had triggered outraged protests from Chinese exporters and importers. Liner companies and merchants have been debating about the issue whether liner companies can collect THC, etc. If they can, what is the way of collection and the charge criteria? Per request from the Association of China Foreign Trade and Economic Cooperation Enterprises, Chinese authorities had made an investigation into whether illegal activities exist in collection of THC by liners from Chinese cargo-owners and shippers.Based upon the provisions of the corresponding laws or rules of China, international conventions and international practices, the thesis discusses the concept of THC, the legal nature and characteristics of THC, the produce of the question of THC, the necessity of collection of THC, the application of law in relation to THC, and the settlement of the question of THC in the other countries, etc. Moreover, the thesis points out that the collection of THC charged Chinese consignors or consignees by liners is not in accordance with the principle of the Privity of Contract if the laws of china do not provide or the contract of carriage does not stipulate. However, the joints between international transportation contract and international trade contract are not flexible in terms of the delivery of goods and the payment of freight. It is reasonable and necessary that liners charge THC. Therefore, The thesis suggests that the laws of china shall be amended in order to make the collection of THC legalization,and to promote the development of foreign trades and shipping industry of China. Moreover, the thesis puts forward the reasonable way of charging THC liners shall adopt and the solutions to settle the issue of THC Chinese authorities shall adopt.