A Study On The Right Of Control Of Goods In Carriage Of Goods By Sea

In the international conventions relating to carriage of goods, some relating to air, rail and road cargo transport contain the right of control. In the field of carriage of goods by sea, CMI Uniform Rules for Sea Waybills 1990 and Rules for Electronic Bills of Lading 1990 contain the right of control, but unfortunately, the application of both rules are too narrow to meet the modern practice of carriage of goods by sea. As the substitute for the three present conventions, the UNCITRAL Draft of Transport Law worked out by the United Nations Commission on International Trade Law provides the concept of right of control and the relevant rules. Through a study of 'right of control in the carriage of goods by sea and the related content, this paper attempts to discuss the necessity and the possibility of China to introduce this regime. This paper mainly uses the technique of value of law, and studies the regime of right of control from both theory and practical aspects.This paper mainly divides into five parts. The first chapter elaborates the necessity of China to introduce the right of control, and carries on the analysis of the right of control from the angle of law value. The second chapter is the main body. It mainly studies the concept, the body, the nature, the condition and the related content, by referring to UNCITRAL Draft of Transport Law, simultaneously relating the regime of right of control provided in other transport conventions. The third chapter compares right of control with stoppage in transit, through briefly studying the stoppage in transit. Although the two concepts are similar, the differences in the origin of theory, the body, the content, the condition are very obvious. The fourth chapter summarizes the problems of UNCITRAL Draft of Transport Law. Although these provisions are beneficial to solute the contradiction...