On The Transfer Of Rights--Comments On Chapter 11 Of The Rotterdam Rules

In the domain of international trade,as an effective method of finance,the transfer of rights has advantages for the free flow of cargo and the optimum distribution of resource to maximize the wealth.The transfer of rights has already become one of the most important systems in domain of international trade.As a unifying legislation in the domain of international transport of cargo related to the international trade,the reason why the "Rotterdam Rules" adds the chapter of the transfer of rights is to meet the need of the development of international trade,and thereupon conquers the limitation that the transfer of rights has not been clarified in the three important conventions--"Hague Rules","Visby Rules","Hamburg Rules".It is the first time that the transfer of rights appears in international conventions, and the analysis of relevant provisions of the "Rotterdam Rules" would have great benefit on how to modify the Maritime Law.This thesis begins with an overview on the transfer of rights,which mainly introduces the origin of transfer of rights and then carries out an analysis of some related concepts.The second part is concerning the content of transfer of rights,that is, what has been transferred through the transfer of bills of lading.The third part explores the parties involved in the transfer of rights,namely that what effect the transfer of rights has produced onto the carrier,the holder and the shipper,and how the scope of the right and responsibility of each party has changed,so as to lay a solid foundation to identify the value of the system of transfer of rights.The fourth part mainly deals with the rules of transfer of rights.Besides the existence of a negotiable transport document, the occurrence of the transfer of rights also need to meet certain other conditions,that is, the specific subject,the proper procedures and a specified period of time.The last part not only elaborates the superiority but also points out the shortcomings of the "Rotterdam rules" through analysis of the above content.Then,based on the analysis of relevant clauses of the Maritime Law,the thesis comes to the conclusion that there is a legislative vacancy in legislations.Finally,from the perspective of the "Rotterdam rules",the thesis brings forward some legislative advices to the Maritime Law.