Study Of Rights And Obligations On Document Shipper Under Rotterdam Rules

Document shipper is created in Rotterdam Rules with the purpose to protect seller who deliver goods to carrier and solve disputes arising by the lack of law. This thesis analyzes the definition, rights, obligations and responsibilities of document shipper in order to find out the reasonable settings as well as the practical feasibility of document shipper. By using of historical research, comparative analysis, and system research methods, it reaches these following conclusions:(1) the creation of document shipper of Rotterdam Rules is reasonable, and to be a document shipper, one must meet the following three conditions:First, document shipper is not a person who signs the transport contract with carrier; second, the document shipper should write down his name in the column of "shipper" in transport document or electronic transport record; third, document shipper accepts such record; (2) document shipper has the right of obtaining transport documents, right of control, right to sue and some other rights; (3) document shipper takes presumption of fault liability as principle and strict liability as exception, bearing responsibility for submission of cargo, description of dangerous goods, providing additional information, instructions or documents and some other obligations; (4) document shipper should be adopted in the revision of Chinese Maritime Code, with full account of Chinese laws and shipping practice when setting rights, obligations and responsibilities of document shipper.