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A Research On Maritime Performing Party In The Rotterdam Rules

Posted on:2011-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2166360302999118Subject:Science of Law
Abstract/Summary:PDF Full Text Request
United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea-the "Rotterdam Rules" was adopted by the UN General Assembly on 11 December 2008 and was opened for signature at a ceremony on 23 September 2009 in Rotterdam, the Netherlands. The maritime performing party is a characteristic legal system under the Rotterdam Rules. The system governs the performing parties of the carrier in the ocean shipping period and sets up the essential liability regime for the maritime performing party. 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 Paper consists of three Parts. firstly, it 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; Secondly, an analysis on maritime performing party's responsibility, it studies the core regime of law mainly about its period of responsibility, doctrine of liability fixation, limitation of liability, scope of liability; At last, it is concerning with the dispute of the actual carrier 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.
Keywords/Search Tags:maritime performing party, identification, liability
PDF Full Text Request
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