Research On Legal Problems Related To Non-Vessel Operating Common Carrier (NVOCC)

With the rapid and remarkable advances in seaborne containerize transport and multimodal transport, the service industry between foreign trade and transportation is faced with expound change. One part, as direct or indirect agent on behalf of shippers or carriers, undertakes traditional services related to foreign trade and transportation. We call this part freight forwarder industry. The other, however, appears as an independent principal in the transportation contract. He is the carrier to the shipper and meanwhile a shipper to the ocean carrier. This kind of service-provider is called Non-Vessel Operating Common Carrier (NVOCC).The concept of a NVOCC was first put into practice by the USA Federal Maritime Commission (FMC), and is widely used in international shipping. Maritime Law of PRC hasn't the concept of NVOCC and related regulations. The State Council promulgated Regulations of PRC on International Maritime Transportation (the "Regulations") became effective on January 1, 2002. The "Regulations" defines "Non-vessel Carriage Business" for the first time and stipulates strict access requirements and supervisory policies in china, all of these touch off widespread concern and enthusiastic discuss. The Ministry of Communications promulgated Enforcement by-laws of Regulations of PRC on International Maritime Transportation (the "Enforcement by-laws") on January 1, 2003 based on the existing Regulations. The "Enforcement by-laws" gives forward stipulation on Non-vessel Carriage Business. Though like that, there are still many disputes about the related legal problems of NVOCC. This thesis, with comparison and analysis, studies the legal problems related to Non-Vessel Operating Common Carrier in accordance with American Shipping Act of 1984, Ocean Shipping Reform Act of 1998, UCP500 and the "Regulations". On the bases of them, the author researches the perfection of the "regulations", the legal status and B/L's legal problem of NVOCC.This thesis is divided into 4 chapters:Chapter 1 is an introduction to the background of NVOCC, the concept and the process of it as well. Meanwhile, the author also sums up the scope of business and the features of NVOCC, makes clear that NVOCC is not only a legal concept but also a practical one, it isn't a simple continue of USA law though it was first put into practice by the USA Federal Maritime Commission.Chapter 2 is the original intention to write this thesis. The author analyses the NVOCC's rules and regulations of PRC according to the "Regulations", point out the merits and demerits of it, and at the same time, think over the points to perfect it. Wish to provide some valuable reference for government's department responsible for the work to make policy.Chapter 3 compares the NVOCC with the actual carrier, common carrier, ship operator and freight forwarder on the base of making clear the legal status of NVOCC, achieve the goal to distinguish the status of NVOCC accurately.Chapter 4, the major part of this thesis, set forth related problems of NVOCC's B/L. And the given views are directed against the problems in the practice. Wish they can be the useful reference for the personnel who are engaged in Non-vessel Carriage Business.Through documents reading and studying, the author reaches the following conclusions: the concept of "NVOCC" and "carrier" is not contrary to each other; NVOCC has some connection with actual carrier, common carrier, ship operator, meanwhile, it also different from them; the concept of "NVOCC" and "freight forwarder" are independent and not be mutually exclusive. This thesis gives a clear definition, features and status of NVOCC. The author strives to provide valuable references for perfecting the related legal system.