A Study On The Right Of Control Under The Contract Of International Carriage Of Goods By Sea

During the international carriage of goods by sea, there is a need for the cargo interests to be able to give instruction to the carrier, for example, if the goods are sold or resold in transit or if becomes apparent, during transit, that the consignee and buyer of the unpaid goods has become insolvent. In order to meet the need from trade, it has been felt that LNSTRAL Draft Instrument ought to deal with the right of control, partly because bills of lading are in many trades to a large extent replaced by waybills, and partly because a well defined and transferable right of control may play a useful role in the development of electronic commerce.In the first chapter, the legal background of the right of control is introduced. In the second, the third and the fourth chapters, the noumenon of right of control is introduced with reference to the provisions under UNCITRAL Transport Draft Instrument, which includes content, character, exercise, effect, transfer and extinction. Some unreasonable provisions are found and reviewed. The fifth chapter discusses the relation between right of control and stoppage in transit, delivery of goods, right of taking delivery of goods, document of title, and transfer of right. In the sixth chapter, with reference to the reasonable provisions under UNCITRAL Transport Draft Instrument, some legislation suggestions are put forward on the basis of Chinese law and practice.