A Study On Maritime Perofrming Party And Its Responsibility Under Rotterdam Rules

Rotterdam Rules was adopted by United Nations Commission on Internaional Trade law in 11 December,2008.The maritime performing party is a characteristic legal system under the Rotterdam Rules.It is of great significance both in theory and in practice as to clarify the complicated relations in the international carriage of goods by sea and confirming the responsibility of performing party who undertakes the responsibility of the carrier.The purpose of the paper is to study the maritime porforming party's responsibility systematically in order to form a comparatively resonable systerm of this subject's legal liabilities.The paper consists of three parts:Part one gives a brief introduction to the background and the development of maritime performing party,an analysis on the meaning and the scope of performing party and maritime performing party and an identification of the persons liable for the carriage of goods other than the carrier during carriage goods by sea.Part two is an analysis on maritime performing party's resposibility.It studies the core regime of law mainly about its period of responsibility, doctrine of liability fixation,limitation of liability,scope of liability,the amount of indemnity and the relation between maritime performing party and carrier.In part three concerning with the dispute of the actual carrier and port terminal operator existing in the judicatory practice in China,the author suggests that the Chinese Maritime Code should introduce the concept of the performing party into the law of carriage of goods by sea.