Probe On The Performance Of The Right Of Control Under Rotterdam Rules

UN Convention on the Contracts of International Carriage of Goods Wholly or Partly by Sea,was worked out by UNCITRAL and approved at the 63^rd UN General Assembly on DEC.11^th,2008.For it will be formally signed in Rotterdam,also known as Rotterdam Rules for short.Based on the basic content of the right of control,the author mainly probes on the performance of this right.Four chapters are arranged in the paper.The first chapter is concerned with the basic theory on the right of control,it includes four parts.In the first place, it introduces the definition and causes of the right of control,then states on the different views about the characteristic of it.At last,it expounds on the significance of the right of control.The second chapter is centered around the subject of the right of control.It discusses from the right subject to the obligation subject,when mentioning right subject,its chief concern is the subject who hold the negotiable transport documents and those not.The third chapter mentions the content of the performance of the right of control,and therefore it will be the main body of this paper.The first section in it makes clear the conditions under which the subject may gain an access to the right of control,the second section sets forth the detailed content of the right of control,the third section is concentrated on several ways of performing this right,the last section clarifies the assignment and expiration date of this right.The fourth chapter is based on the issues under discussion aforesaid,by analyzing the relevant provisions contained in Contract Law and Maritime Code,some workable suggestions are put forward for our nations' legislation.