A Brief Discussion On The Impact Of The Rotterdam Rules On The System Of Carrier's Liability

Significance and value of the International Carriage of Goods by Sea Act is to regulate the Carriage of Goods by Sea of the Parties rights, obligations, and the mutual relations, to realize the security transfer of goods. so, the carrier is not only the subject of carriage of goods by sea to fulfill its obligations, responsibilities and exemption is even more directly affect the interests of all transport parties. therefore, the carrier responsibility system " Carrier responsibility system " especially the " International Carriage of Goods by Sea carrier responsibility system, do not include domestic and international water, land and air cargo and passenger transport carrier's liability system is the core problem of the carrier areas of the law, not only the interests of both the cargo balance and determine the basic characteristics and value orientation of international law on maritime transport. Taking a panoramic view of historical changes of the International Convention on Carriage of Goods by sea, it is not difficult to find that reform of the system of carrier's liability, is a sign of the evolution of international convention of goods by sea, is a product of the shipper party and the carrier game. As navigation technology to update and improve the conditions and the constant strengthening of the shipper party, the Convention for the regulation of carrier responsibility system has become increasingly to the shipper party list. therefore, after the three conventions, the United Nations Commission on International Trade Law UNCITRAL draft of the whole or part of the United Nations Convention on the contract for the International Carriage of Goods by sea, the rules on the carrier's responsibility system for subversive adjustment.Innovation of the carrier's liability system will go a long way in world shipping markets, including China have a very significant impact. In view of the importance of the carrier's liability system and analysis of the rules not only has impact on the theoretical value and practical guiding significance. This thesis to " of the Rotterdam rules on the influence of carrier responsibility system " as the theme and focus on the new requirements of the rules on carrier's liability system and the resulting impact on china's approval to join the proposed idea, and made corresponding measures, with a view to the sound development of china's shipping in the new environment benefit. The full thesis is divided into front, body, and the conclusion of three partsParts at the forefront of first, which mainly deals with the legislative background of Rotterdam rules and legislation process, to explore the rules of the Rotterdam carrier system construction based.Second body parts, this section is divided into five. first, introducing the connotation and extension of carrier responsibility system, development and development of the system of responsibility. Through presentations, carrier's liability system as inherent property of cargo for the focus of both sides, and general liability system of fundamental reason is that the development of cargo to the pursuit of their own interests of both sides, as well as the progress of science and technology and law and the development of the shipping market. second. discussed the breakthrough of the Rotterdam rules on the carrier's responsibility. third, the Rotterdam rules on the new development of the carrier's liability period. fourth, the Rotterdam rule innovation of the carrier's liability basis. fifth, the Rotterdam rules on carrier's liability limit and loss changes. Separately set out three main provisions of the Convention and china's related legislation to this, and the new requirements of the rules and analysis of the new provisions of the rules on the influence of carrier responsibility system.Third the conclusion of the general evaluation rules on the innovation of the carrier's liability system and influence, with china's current national conditions, a brief analysis of the orientation of china's rule, then the rule against shipping related subject innovation and measure of influence.