Legal Research On The Third Party Logistics Operators' Responsibility System Under The Rotterdam Rules

"UN Convention on the Contracts of International Carriage of Goods Wholly or Partly by Sea"was passed by the sixty-third session of the General Assembly of the United Nations on December 11th, 2008.They held the signing ceremony for this convention in Rotterdam, Holland on September 23rd, 2009.Thus, this convention also called"the Rotterdam Rules". So far, there have been twenty- one countries signed the convention. In line with the conditions of taking effect of the convention, which requires that this convention will go into force on the first day of the month following the expiration of one year after the date of deposit of the twentieth instrument of acceptance, approval, ratification, or accession, it is very possible for"the Rotterdam Rules"goes into effect. The convention will make a difference to international trade and international carriage of goods in case of entering into effect, owing to the eighty percent of international trade was fulfilled by marine transportation.Nowadays, the contemporary logistics industry develops at full speed, the third party logistics industry plays a very important role due to its immense benefit and impetus towards other industries."The Rotterdam Rules"aggravates the responsibilities of the carrier, or, in other words, the third party logistics operators, and for another hand, it reconstructed carriers'responsibility foundation, which influences the third party logistics enterprises a lot.Now, there are many researches on this convention, this essay would like to combine the third party logistics operators'responsibility system with"the Rotterdam Rules", observe and study the legal questions of the third party logistics operators'responsibility system under"the Rotterdam Rules", analyze the impact and revelation for the maritime law, and propound the problems about consummating relative legislation and operating practice.There are three parts of this essay, whose first part introduces the basic theories of the third party logistics operators'responsibility system, which consist of the concept and feature of the third party logistics, the relative legal questions of the third party logistics contract and the conjunction point between the third party logistics operators and the carrier in the Rotterdam Rules.Then, in the second part, before analyzing the carriers'responsibility system, this essay firstly introduces the concept, identification and basic duties of the carrier, the performing party and the maritime performing party. Then it would like to analyze the carriers'responsibility system in the Rotterdam Rules concretely in terms of the criterion of liability, excusationis, period of responsibility and liability limit.In the third part, the essay would combine the carriers'responsibility system in the Rotterdam Rules with the third party logistics operators'responsibility system. In the perspective of Rotterdam Rules, staring from the present situation of the third party logistics operators'responsibility system in China, combining the Rotterdam Rules'relevant provisions, the essay describes the adjustment of the specific content of the third party logistics operators'responsibility system. Besides, it would put forward the enlightenment for perfecting the third party logistics operators'responsibility system in China. So we could safeguard the lawful rights and interests of the third party logistics operators in an even better fashion, and realize win-win or even multi-win.