A Study On Certain Legal Problems Of Carriage Of Dangerous Goods By Sea

The carriage of dangerous goods by sea is an important part in the field of marine transport. Now, it reveals its specialty in the respects of theory and practice, which is a hot topic in the maritime law academe and the shipping field as well.With the research methods, such as comparative analysis, demonstration analysis, combining the basic theories of maritime law and civil law, and drawing lessons from international convention, the latest UNCITRAL Transport Law Convention Draft, the advanced legislation of shipping developed countries, and authoritative precedents of Anglo-American law system countries, the paper expounds systematically the definition of dangerous goods, the actuality and tendency of development on the legislation of carriage of dangerous goods by sea, the legal status of the shipper of dangerous goods, the legal status of the carrier of dangerous goods, analyses deficiency of the present legislation in our country, and then proposes some amendments. Meanwhile, this paper analyzes some specific problems, such as the shipper's notify responsibility, the liability resulting from violating this responsibility, carrier's rights to refuse acceptance for carriage and to dispose dangerous goods, with the hope of promoting the development of carriage of dangerous goods by sea and the perfection of marine legislation.Through the research, with a view to perfecting legal system of carriage of dangerous goods by sea, this paper considers that, we must follow the tendency of development of legislation, define the dangerous goods clearly, establish qualifications permission system of party concerned on the contract of carriage of dangerous goods by sea, further crystallize the legal system of shipper and carrier, and make detailed regulations for respective rights, responsibilities and liabilities, on purpose of the rationalization of the legal system and the safety and the healthy development of carriage of dangerous goods by sea.