Research On Legal Problems Concerning NVOCC

Non-vessel operating common carrier (NVOCC) refers to this kind of enterprise, which doesn't operate or own any vessel, but, in the name of the carrier, receive consignors' cargo for transportation and issue its own bill of lading or other corresponding transport documents, and is entitled to collect freight and obliged to fulfill the contract for transport through actual carrier.Before the Regulations of the People's Republic of China on International Maritime Transportation(ROIMT) became effective on January 1st, 2002, the shipping market in the field of NVOCC was badly managed because there were no corresponding laws and regulations ruling NVOCC. ROIMT, which has established the administrative system of NVOCC for the first time in China, comprehensively stipulates the qualification for NVOCC and its business activities. According to ROIMT and relative laws and regulations, and in the light of the practice of NVOCC, this article probes into some legal problems of NVOCC in the administrative and civil aspects. I hope this article will be conducive to the development of business of NVOCC and the perfection of relevant system of NVOCC.This article elaborates the conception of NVOCC by using the relevant rules concerning NVOCC in the Glossary on Maritime Law for reference, by referring to its practice in daily business and by putting in my own knowledge and comprehension on NVOCC.Comparing the regulations of the scope of business of NVOCC stipulated in OSRA1998 of American with those in ROIMT, this article summarizes five main businesses of NVOCC in their daily practice. On the basis of the contents introduced above, the writer interprets the legal status of NVOCC by comparing two extant opinions in this field and by referring to the relevant regulations stipulated in the Hamburg Rules and the Commercial Maritime Code. In addition, as we know, when NVOCC receives consignors' cargo, he should issue his own bill of lading to consignors, but on the other hand, NVOCC should book space from actual carrier in the name of consignor and receive the B/L from actual carrier. Therefore there two contracts for transport and bills of lading for the same cargo, which makes the legal relationship of B/L in the business of NVOCC more complex than that in liner transportation. The third chapter specializes in the study of legal relation of B/L of NVOCC. In this chapter, the writer introduces the circulation of NVOCC B/L. The writer does some research on the legal characters of NVOCC B/L. This chapter also describes the model NVOCC B/L form drafted by Shanghai Shipping Exchange Research Institute, which is drafted in order to playa supporting role for the implementation of ROIMT.Another disputable and outstanding question in this field of NVOCC is liabilities born by NVOCC. The fourth chapter discusses the responsibilities of NVOCC and the joint liability assumed by the actual carrier and NVOCC, which is stipulated in Article 63f of the Commercial Maritime Code of the People's Republic of China. This chapter also provides two optional methods for the guarantee of the assumption of those liabilities: bail system and the system of liability insurance.Last but not the least, since the system of NVOCC is new and developing, the establishment of the system will have an impact on the freight transport market, the writer has analyzed this question in short-term and long-term aspects and has provided some own suggestions on the implementation of this kind of system.CaoChen(lnternational Law 2001) Directed by Prof. Yao Hongxiu...