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Research On Several Legal Questions About The Rotterdam Rules

Posted on:2011-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y MaFull Text:PDF
GTID:2166330332459288Subject:International Law
Abstract/Summary:PDF Full Text Request
United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea in 2009 (hereafter called the Rotterdam Rules) is a comprehensive convention which focuses on maritime transport and covers "door-to-door" transportation. The purpose for drafting the Rotterdam Rules is to universalize the legal system of carriage of goods by sea, and to provide feasible solutions for specific issues in shipping practices.Due to the expansion of stipulating scope, the Rotterdam Rules will inevitably conflict with other conventions when it applies. In order to insure the applicability, it adopts a more flexible mode which effectively avoids the conflicts. The Rotterdam Rules has much stronger provisions on accession and reservation, which helps for its purpose. Moreover, some specific provisions are set for the issues of accessions of regional economic integration organizations and countries of multiple jurisdictions, and for special arrangements on its effect and application in the two kinds of members above.The Rotterdam Rules has perfected the legal system of carriage of goods by sea, which is considered to be the re-balance of shipping parties' interest by convention. But it is undeniable that the convention pays more attention to correspondence and symmetry of the parties' rights and obligations when regulating. Therefore, the Rotterdam Rules perfects the system of the carrier and consignor, than just balancing the interest of the parties simply.Meanwhile, in order to solve the problems in shipping practice, for example, how to guarantee the seller's rights under FOB term, delivery of goods without documents and no delivery, the convention has introduced certain new provisions and systems to provide more feasible solutions for the problems above. This reflects its adaptability and meets the realities and trends of shipping practice. Besides, the convention has introduced two important systems, which are the right of control and the identification of carrier and controlling party. The establishment of the above two is a major breakthrough to the conventions on carriage of goods by sea, as well as the perfection of the legal system of carriage of goods by sea.Under the Rotterdam Rules, the carrier has to bear more obligations than before. As a result, referring to the question whether or not we access the convention, there are more concerns that the shipping industry in China will face great challenges. But in fact, China has been one of the leading maritime and trading powers in the world. The interest of the cargo owner and shipper is equally important for us. Besides, the carrier, which operates ocean shipping business, has more competitive skills and the abilities of anti-risk. Accession to the Rotterdam Rules will help standardize our ocean shipping market and promote sustainable development of shipping industry. Whether or not we access the Rotterdam Rules, we should consult its provisions to modify and perfect the current maritime law and improve the environment of our maritime judicial conditions, in order to adapt to new changes and trends in modern shipping development.
Keywords/Search Tags:The Rotterdam Rules, carriage of goods by sea appliance of the convention, the system of right of control, the system of identification
PDF Full Text Request
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