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Study On Certain Legal Issues On The Carriage Of Undeclared Dangerous Goods At Sea

Posted on:2008-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:B F ShiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Most of the cargoes is transported by the shipping in the international trade, a lot of these cargoes are dangerous goods. Many technical regulation and legislation enter into force for the safe transportation of the dangerous goods by many state and international organization. In fact, carrier have not been consented dangerous information means the shipper violated the truth notify responsibility. The article tries to explain the reason of undeclared action, which is so difficultly to prohibit it.The article views the general rules of the liabilities and responsibilities for carrying dangerous goods by sea. Accidents happened frequently in the carriage of dangerous goods at sea, most of which were caused by the fault of shippers. The paper analyzed the shipper's obligation and liabilities on transporting dangerous goods. The shipper shall notify the carrier in writing of proper description, nature and the precautions to taken, properly packed, distinctly marked and labeled, properly stowage in the container, and goes deep into the features of the shipper's obligation according to IMDG code and other regulation. The shipper has the absolute responsibility on dangerous goods transportation by sea.The responsibilities and risks for carrying dangerous goods by sea should be on the shoulders of shipper and carrier. Carrier have the obligation of keeping the ship seaworthy and managing the cargo properly, the paper concentrates on the special rules of carrier's liability for the carriage of dangerous goods by sea. And analyzed incase the shipper fail to notify the carrier or notified him inaccurately, the carrier may have such goods landed, destroyed or rendered innocuous when and where circumstances so require. The carrier shall not refuse to carry the dangerous goods frequently only for cargo's dangerous. The article discussed If carrier have the privilege to disposal the not declare cargo when he violate the obligation of seaworthy and properly management. When the shipper tell the carrier t dangerous goods'proper name, but not notify it has dangerous character, in this time if the carrier has the fault.In the basis of the above , we can conclude that all the carriers and shippers, such as consignor, international trade corporation, cargo agent, carrier, actual carrier, may be involve in the compensatory damages of the dangerous goods accident at sea. Any omission in dangerous goods transportation at sea should sustain the gross damage.Present legislation system of dangerous goods in our country has some deficiency. The article draw out five advice, such as our country should set up the register system for dangerous goods, and appropriately add the carrier's duty in dangerous goods transportation at sea, prohibit carrier refuse carrying dangerous goods without proper reason, etc.We can reasonably regulate the distribution of rights and obligation in carriage of dangerous goods at sea by perfecting the legislation, in order to solve the problem of undeclared dangerous goods.
Keywords/Search Tags:dangerous goods, shipper, carrier, responsibilities, suggestion for legislation
PDF Full Text Request
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