Studies On Typical Issues Concerning International Container Transport

After decades of development, container transport has been an important means of international cargo transport and plays a more and more important role in international trade. This means of transport mostly is performed through sea. However, the relevant laws on carriage of goods by sea which are based on traditional cargo transport can not apply to such transport properly, so the transport creates many new issues for the field of maritime law. Such issues are as the following:While in traditional cargo transport the carrier receives goods along ship's side, the carrier receives goods at inland point in container transport and be responsible for inland transport accordingly. Thus, it challenges the carrier's"tackle to tackle"responsibility period.It is common practice in container transport for the merchant and the carrier to deliver containers other than goods and the carrier issues"container bill of lading"which states the carrier has only receipt an apparent good order and condition of container and the particulars of the goods inside the container is unknown. Thus it challenges the bill of lading's traditional function as a receipt of goods by the carrier. It is one of the advantages for the container to protect goods against damages. However, some damage results from the container itself, therefore it needs to decide the liability for the damage.Because of the concealment of container transport, containers have become an ideal media for illegal wastes transport. Unfortunately, the state's compulsive waste laws impose liabilities on the parties for transporting such wastes, thus causing loss to the parties, especially the carrier. The carrier,for his part, carrying containers of wastes aboard his vessel, is in a dilemma , in which he can neither find anyone to receive wastes on one hand nor find a place to discharge them on the other hand. Such situation can not occur in traditional cargo transport.While in traditional cargo transport goods is loaded in holds and on deck cargo, except few kinds of goods which are customarily stowed on deck, is illegal, thus making the carrier liable for damage resulting from such stowage, in container transport a large number of containers are required to be stowed on deck by the economy of the transport itself. Thus it needs to clarify the legal status of the on deck containers.These issues are not the whole but they represent the typical ones in container transport. This thesis has a thorough study on these issues which is both meaningful in theory and useful in practice.The whole passage can be divided into 6 chapters.Chapter 1 introduces the advantage and legal character of container transport and modes of international container transport.Chapter 2 starts with means of hand over of container, and then discusses the period for which the carrier is responsible for goods. Such period comprises responsibility period of ocean transport and period of inland transport. It also discusses the mode of application of law within that period.Chapter 3 discusses the relevant party's liability for concealed cargo damage. It mainly analyzes the bill of lading's unknown clause, stressing its impact on the liability for hidden cargo damage. Finally it gives advice to relevant parties to avoid such liability.Chapter 4 studies cargo damage resulting from container. It analyzes the liability based on the production of container by the carrier and the shipper respectively.Chapter 5 is about container stowed on deck. It touches on the meaning and legal status of on deck cargo, the legal embarrassment the on deck container faced with, the status of on deck container in shipping and judicial practice, and measures the carrier should take to deal with on deck container transport, etc.Chapter 6 makes research on illegal wastes carried in containers. It points out the harm by the wastes to the relevant parties and the impact by state's compulsive waste laws on the parties. It analyzes the civil liability for transportation of such wastes and puts forward measures to prevent illegal waste transport.The paper makes studies on above typical issues based on combination of shipping practice and china's maritime law and relevant international conventions. Considering the length of the paper, it is unable to study all the issues on the topic in question. Owning to author's limited knowledge some mistakes is inevitable. The author hopes this paper's research can result in more researches on this topic.