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Study On Relevant Legal Problems Of Carriage Of Dangerous Goods By Sea

Posted on:2008-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:H KanFull Text:PDF
GTID:2166360212481251Subject:International Law
Abstract/Summary:PDF Full Text Request
The carriage of dangerous goods by sea, as an important part in the field of marine transport, whose specialty always attracts attentions both in the maritime law academe and the shipping field , and the relevant legal problems of which are also the hot topic in research field. Based on civil legal relationships, combining the technical code and administrative regulations, 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 cuntries, this paper systematically researches and analyzes the definition and differentiating method of dangerous goods, the actuality and tendency of development on the civil legislation of carriage of dangerous goods by sea, and the legal status of the carrier and shipper of dangerous goods.This paper has four chapters in total.In chapter one, through introducing and analyzing the various definitions of dangerous goods in regulations & law and maritime law academe, the paper proposes to set a specific definition of dangerous good in CMC, and expounds the differentiating method of these kinds of goods as well.In chapter two, the paper analyzes the actuality and tendency of development on the civil legislation of carriage of dangerous goods by sea, and gives a basic introducion on the standard provision under the contract of carriage by sea and bill of lading.In chapter three, the paper mainly states the right, obligation and liability of the shipper on contract of carriage of dangerous goods by sea, espacilly the shipper's notify obligation, meanwhile discusses the phenomenon of the freight forwarder's misstation and how to control it from the legal angle, further brings forward a suggestion of establishing qualifications permission system of freight forwarder on behalf of dangerous goods shipper for consideration.In chapter four, this paper analyzes the special rights and obligations of the carrier on contract of carriage of danerous goods by sea, drawing lessons from the latest UNCITRAL darft, on purpose of the balance between the obligation of carrier and shipper, the paper gives a proposition to endow the carrier an obligation of providing messages and instructions to the shipper.
Keywords/Search Tags:Dangerous goods, Marine transport, Rights, Obligations, Liabilities
PDF Full Text Request
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