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Right Of Control Under The Rotterdam Rules

Posted on:2012-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:G L YinFull Text:PDF
GTID:2166330335488415Subject:International law
Abstract/Summary:PDF Full Text Request
Right of control was the provisions of international trade law, in the Rotterdam rules of an international before the convention of the carriage of goods by sea, including the Hamburg rules ", "Hague-Visby rules" and "convention of the international multimodal transport, and not in the provisions on right of control. And the Rotterdam rules in the form of chapters is the first to the goods completely regulations explicitly control system, for the first time in relevant international conventions to the carriage of goods by sea introducing goods the concept of control and control square. This is the carriage of goods by sea to international law system, the significance of major perfect realization of success is to be the bridge between the legal system of maritime transport and goods trade legal system, though the Rotterdam rules under the control of goods still exist many practical operating problems, but clearly stipulates this right still has a lot of positive significance, such as form maritime transport legal system and international trade law system of Bridges, strengthening the seller's relief, the protection of the right of international trade and shipping to change the ways and so on.This essay, from the Rotterdam rules about goods in the concept, the legal nature of the control of Anglo-American law system control and goods compares the midway etc, and right generalizes the Rotterdam rules the significance of provisions of the control of goods; Then, this paper discusses the Rotterdam rules of the subject of goods in contents and control the exercise of the Rotterdam rules and restrictions. Last part is about our country related laws in China, and the analysis of the goods does not have special control system, only in "contract law" the 308 bar control system are similar to the provisions of the goods, but the rules are too humble, operability is not high, from the legislative and judicial two Angle carries on the analysis, the author thinks that we should learn from the Rotterdam rules.
Keywords/Search Tags:The Rotterdam rules, Right of control, Main body, Scope, Exercise, Restrictions
PDF Full Text Request
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