An Essay On The Newest Development And Strategy Research Of Carrier's Seaworthy Obligation

Contracts for the International Carriage of Goods Wholly or Partly by Sea, which is also called Rotterdam Rules,was approved by the Session of the UN General Assembly on December 11th,2008.In Rotterdam Rules,article 14 first time regulates that carrier's seaworthy obligation is a continuous and whole-voyage obligation.This regulation reflects the development tendency of heaving the carrier's obligation and liability,and also reflects the objective requirement of balancing the benefit of both ship and cargo interests.At the same time,it also influences many aspects related to the International maritime transport of goods.So it is clear that our country,as important shipping and trading country in this world,is also influenced by this change. Thus,it is very important for our country to think positively about how to face this change,and reflect the result in the legislation and practice in domestic maritime transport of goods.And also because of this,in this essay,the carrier's seaworthy obligation's content,newest development and its influences are discussed in details, and the concrete suggestion and strategy about our country's application for this newest regulation is proposed.This essay contains three parts:The first part introduces the international legislation of carrier's seaworthy obligation and its development tendency.The legislation part talks about the obligation in Hague period,Hamburg Rules,ISM Code and Rotterdam Rules,and explains article3 of Hague Rules,such as the obligation's concept,standard of judgment,liability and it's burden of proof and the relationship between carrier's seaworthy obligation and Exemption of Nautical Fault;In the development tendency part,through analyzing this obligation in Hamburg Rules,ISM Code and Rotterdam Rules,summarizing the development tendency that carrier's seaworthy obligation is more and more heavy.The second part discusses the newest regulation of carrier's seaworthy obligation in Rotterdam Rules specially.This part is divided into two parts.One part discusses the influences on exemption of nautical fault,marine insurance system,general average contribution and the charging of freight.The other part discusses the positive meaning that this newest regulation brings in.The last part is about if our country should apply this newest regulation or not. Through the discussion of the necessity and many reasons of this application,the strategy is that our country should absorb this new regulation in our Maritime Code, and prepare for this change by perfecting the related systems of our country to adapt to this change is proposed.