Study On Legal Issues Of The Cargo-Delivery Shipper

Acted as the original party of the contract of carriage of goods by sea, the shipper places a remarkable position in the regulations of international maritime conventions and maritime laws of different countries. International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924(HAGUE RULES) and Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1968(VISBY RULES) adopt different legislation mode compared with United Nations Convention on the Carriage of Goods by Sea, 1978(HAMBURG RULES), which is introduced into the provisions of our CMC. Nevertheless, a good many problems happened in the practice of our maritime judicature bring us to think it again what kind of design of legislation could harmonize the relationship among parties of contract of carriage, and correctly measure off the rights, obligations and responsibilities among them. The latest United Nations Commission on International Trade Law-Transport Law Draft convention on the carriage of goods [wholly or partly] [by sea](Transport Law Draft) is also seeking for a new kind of legislation mode, which could unify regulations of international maritime conventions and maritime laws of different countries.On the analysis of differences and relations of legal institution of shipper between native and foreign, this thesis holds the view that we may found the concept of cargo-delivery Shipper and a harmonious legislation which include shipper, cargo-delivery shipper, holder of B/L and consignee. This thesis contains five chapters. In chapter 1, the writer makes a thorough analysis of the legal status of cargo-delivery shipper. On the basis of analysis of the stipulations relating shipper of international conventions, native laws of different countries and our CMC, the writer holds it is well-founded to create the concept of cargo-delivery shipper. In chapter 2, the writer focuses on the theory basis of the creation of cargo-delivery shipper. In chapter 3, the writer mainly discusses the rights of cargo-delivery shipper. In chapter 4, the writer emphasizes on the obligations and responsibilities of cargo-delivery shipper. Chapter 5 is the Conclusion of this thesis.