Research On Legal System Of Documentary Shipper Under Rotterdam Rules

Documentary shipper is created in Rotterdam Rules. Compared with Hamburg Rules, Rotterdam Rule has adopted the new dual framework of shipper and documentary shipper instead of the present dual framework of contractual shipper and consignor shipper. Seemingly, the documentary shipper in the Rotterdam Rules has replaced the consignor shipper in the Hamburg Rules. However, actually, this is a rational attempt to maintain the seller's rights and interests under the FOB.The gradual establishment of the documentary shipper system is necessary for the co-ordination of trading and shipping, which also reflects the appeals of all parties in legislation. Due to the larger proportion of FOB trade terms in China's foreign trade practice, it will provide a solid legal support if the Maritime Law of China introduces the legal system of documentary shipper. Various research methods including historical analysis, legislative comparison, legal interpretation, logical analysis, case study and comparison, factual analysis and systematical study are applied to analyze and discuss issues arising out of documentary shipper's rights and obligations. Suggestions for amendments and perfection of documentary shipper in "Maritime law" of China are given in the end. This thesis has three chapters as follows:Chapter 1 has introduced the the significance of documentary shipper system under the perspective of Rotterdam rules, the structure of the article, study methods, innovation points, etc.Chapter 2 has discussed the concept of documentary shipper and evolution of the legislative guidance on documentary shipper. Overall, the legal system of documentary shipper conforms to the requirements of international maritime legislation and the development of shipping practice.Chapter 3 respectively expounds the rights and obligations of the documentary shipper. This thesis has given a comprehensive analysis on the documentary shipper's right of control. Chapter 2 has discussed the specific content of the transfer right and litigation right and at the same time, put forward some legal advice on the fulfilling of related rights. As for documentary shipper's obligation, Chapter 2 has discussed the obligations of submission of cargo, providing supplementary information,instructions or documents and description of dangerous goods.Chapter 4 evaluates the legal system of documentary shipper and puts forward the corresponding legal advice for amendments and perfection of the Maritime Law of China.