Font Size: a A A

A Research On The Liability Of The Carrier Under Carriage Of Goods By Sea "Door-to-Door" Transport

Posted on:2010-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:H Y JiangFull Text:PDF
GTID:2166360275955813Subject:International Law
Abstract/Summary:PDF Full Text Request
At present,the vast majority of the world's maritime trade container cargo transport is involved in door-to-door multimodal transport.According to statistics,more than 90%of the multimodal transport is included in the shipping section,then maritime transport as a major commitment of "door-to-door" transport,starts to break the traditional single ocean model,and lead the rapid development of "door-to-door" transport.However,due to the existing law on carriage of goods by sea serious conflicting,maritime industry is eager to uniform the international convention on multimodal transport,in this circumstances," UN Convention on the Contracts of International Carriage of Goods Wholly or Partly by Sea"(referred to as "the Rotterdam Rules") is drawn up."the Rotterdam rules" has abandon the traditional approach and has adopted a "sea+other" model to redefine the "door-to-door" transport, trying to build a new system of carrier liability.This article aims to study the system of carrier liability under "sea+other" mode of "door-to-door" transport,by using a comparative and historical analysis to dissert the application of basic problem of carrier liability.The first chapter introduces the status quo of "door-to-door" goods transport by Sea, analyses the characteristic of existing "door-to-door" transport and redefines "door-to-door" transport according to "the Rotterdam rules".Then this part has done a comparative analysis between the new legislation and traditional multi-modal model on the system of carrier liability.The second chapter uses a historical analysis to explore the evolution of the system of the international maritime carrier liability,while based on the latest legislation of the carrier liability to carefully study the development of the basic problem of carrier liability.The third Chapter focuses to analyses the pros and cons of the carrier liability under "the Rotterdam rules",especially on the responsibility during "door-to-door",the "minimum mesh accountability," "the principle of the primary obligation," as well as the performing party and the consideration of cargo owner' interests.Further,this article has deeply studied the conflict of law application and the solution of the conflict, between "the Rotterdam rules" and other single international Convention on the Carriage.Finally,according to advanced legislation concepts and systems of "the Rotterdam rules",this part proposes amendments to the system of carrier liability under "Maritime Code of the People's Republic of China",for helping the research and development of multimodal transport of goods in our country.
Keywords/Search Tags:"Door-Door" Transport, The Liability Of Carrier, "The Rotterdam Rules"
PDF Full Text Request
Related items