Study On Right Of Control Of Goods Carried By Sea

Right of control, a new concept provided by Draft Instrument on Transport Law, means the right under the contract of carriage to give the carrier instructions in respect of the goods during the period of its responsibility without interference with the normal operations of the carrier or the realization of other shippers'interest on the same voyage.Basing on a detailed research on the provisions of right of control under the Draft Instrument, this dissertation discusses the influence of right of control on the existing maritime systems and the use for reference to China in the process of amending Maritime Law.Besides Preface and Conclusion, this dissertation is divided into 4 chapters as follows:Chapter 1 first reviews the history of right of control, and then analyzes the reasons for constructing the system of right of control from three aspects, namely, it's the requirement of joining trade law with transport law, of the development of the system of document in maritime law, and of the practice of maritime law.Chapter 2 first clarifies the content of right of control prescribed in the Draft Instrument on Transport Law, and then expresses the author's understanding about the content of right of control.Chapter 3 expatiates on the execution of right of control. It analyzes the controlling party under such different circumstances as when no negotiable transport document has been issued, and when a negotiable transport documents has been issued. Furthermore, this chapter also deals with such issues as the conditions and the period of exercising the right of control.Chapter 4 focuses on the influence of right of control and its use for reference to China. The construction of system of right of control will challenge the principle of delivery against production of original bill of lading under a non-negotiable bill of lading, which will result in the non-negotiable bill of lading out of use. Also, the right of control is an effective approach to temporarily solve the problems caused by delivery without production of original bill of lading. Furthermore, provisions as to the controlling party will greatly impact the consignor's right under FOB contract,which should be attached much attention in China where FOB contract are largely used. For the fact that there is no system of right of control in China's existing Maritime Code and the positive function of right of control, the system should be used for reference in the amended Maritime Code.