Study On Development Of The Actual Carrier System In Carriage Of Goods By Sea

As one of the fairly new responsible subjects systems in carriage of goods by sea, the legal system of the actual carrier has been developing along from initiation gradually to maturity, ever since the establishment under the "Hamburg Convention". The study on the trace and trend of this development is helpful to the enrichment and perfection of our country's maritime system in this area.Starting from the absence of the actual carrier system in "the Hague Rules", and using historical analysis and comparison of analytical methods, this dissertation especially focused on the analyzing the actual carrier system under "the Hamburg Convention", and also introduced the new legislative trend of the actual carrier system showed in the Draft of US COGSA 1999 and Draft Instrument on Transport Law of UNCITRAL. Furthermore, by summarizing the trend of the development of actual carrier system, and parsing the theories those behind, and, in conjunction with reviewing the existing circumstances in China, this paper in the end also tried to give out some suggestion for the resolution of the problems that existing in the actual carrier system in China's legislation and justice system.Besides preface and conclusion, this dissertation is divided into 3 chapters as following:Chapter 1 introduces the origin and establishment of the actual carrier system. Firstly it gives out an overview of the absence of the actual carrier in the "Hague Rules", then analyzes the actual carrier system under the "Hamburg Convention", and finally summarizes the influence of this system to the major maritime countries.Chapter 2 deals with the new legislative trend of the actual carrier system showed in the Draft of US COGSA 1999 and Draft Instrument on Transport Law of UNCITRAL. It proposes that the maritime performing party system under Draft Instrument on Transport Law of UNCITRAL is close to the actual carrier system under the "Hamburg Convention", after the performing carrier system under the Draft of US COGSA 1999 which broke through the conventional scope of the actual carrier system.Chapter 3 focuses on the development trend of the actual carrier system and sums up revelations to that system in China. Beside that, with this chapter, author also reveals some principal contradictions and basic theories which drove the development of the actual carrier system. At last, some suggestions sums up on how to improve the actual carrier system under China's Maritime Law.