Study On The Right Of Control Of Goods Under Carriage Of Goods By Sea

On 11 December 2008, the General Assembly of the United Nations adopted the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, which is also called the Rotterdam Rules. Compared with the past three main international conventions in this domain, namely the Hague Rules, the Visby Rules and the Hamburg Rules, there are some new concepts and provisions under the Rotterdam Rules and the right of control of goods is one of them. This is an important right under transportation law and it is systematically and fully provided under the Rotterdam Rules. So it is of great importance to make a study.Except for Introduction and Conclusion, the thesis consists of four parts analyzing and studying the right of control of goods as followed: Firstly, we will define the right of control. In the domain of carriage of goods by sea, the right of control is provided in two rules concerning Sea Waybills and Electronic Bills of Lading by ComitéMaritime Internationale. In the domain of carriage of goods by other ways of transportation, the right to dispose of the goods is provided in relevant international conventions. By comparison, we can conclude that the two rights share the same meaning and we can make a definition of the right of control of goods, paving the way for the latter studying. Secondly, we will analyze the reason for creating such a right and the ways to solve problems under different laws and their shortcomings. We will find that the purpose of this right is to provide a remedy to the parties under sales law, but how to create rules aiming at protecting the parties under sales law and the carrier as well under transportation law is an important issue. By analyzing different ways of solving this problem under various domestic laws, international conventions and non-binding rules, we can judge what their drawbacks are.Thirdly, we will make a deep insight into the right of control of goods under the Rotterdam Rules. By interpreting important provisions, we will discuss the issues of the content, the duration, the subjects, the ways to exercise the right and the transfer of the right. Through such analysis, we can find its rationality, integrity as well as the superiority over the other ways of solutions discussed in the second part.Finally, we will cover the issues under Chinese Law. By way of close examination, we will find that there are problems arising from the current laws and regulations in China. And the necessity and feasibility of perfecting such rules in the future amendment of China Maritime Code are analyzed in the following discussion. Based on the superiority mentioned above, we can absorb the ascendancy of the Rotterdam Rules, adapt it to the current laws and practices in China, and consider the features of carriage of goods by sea. In this way and with the guidance of certain principles and contents, we will propose several provisions concerning the right of control of goods in the future amendment of China Maritime Code.