Legal Research Of Non-Vessel Operating Carrier(NVOCC)

The concept of NVOCC was first put into practice by the USA Federal Maritime Commission (FMC). And the name of NVOCC came into being on Jan.1.2002 in our country when the Regulations of People's Republic of China on International Maritime Transportation(ROIMT) became effective. Thus the NVOCC-related legal problems have become a commonly concept among the shipping and legal circle.Chapter 1 introduces the definition of NVOCC. By comparing the concept of NVOCC used in USA, Philippines as well as in China, the author makes a thorough analysis of "Non- Vessel", on which basis the distinctive features of NVOCC have been put forward. Meanwhile, the business scope and procedures of NVOCC have also been described.Chapter 2 is about the legal status of NVOCC. The author points out that the NVOCC acquires dual legal status by acting as the carrier as well as shipper. The author also gives a detail analysis on the rights and responsibilities of NVOCC when acting as the carrier as well as the shipper.Chapter 3 discusses the B/Ls issued by NVOCC (House B/Ls) and the related rights of lien as well as the limitation of liability for maritime claims. The author pictures the basic negotiation procedures of House B/Ls, while making a comparison between House B/Ls and Ocean B/Ls. It is found that though distinctive difference exists between the two B/Ls as evidenced by the two different forms of contracts of carriage, the relation between the two B/Ls is also noteworthy, in particular, its actual function as document of title to be negotiable same as the ocean B/Ls. In addition, the discussion on NVOCC's right of lien over of the goods under the B/Ls and the limitation of liability for maritime claims are followed. The author agrees that NVOCC is entitled to exercise right of lien over the goods under the House B/Ls by indirect possession of the same but not the limitation of liability for maritime claims according to the application scope of the regime.Chapter 4 is about the system of NVOCC. The author introduces the basic system of NVOCC in USA and China, and analyses some problems in the practice.