A Study On Carrier's Obligation Of Goods Delivery Under Rotterdam Rules

Delivery of goods is an important obligation of the carrier and the main purpose under carriage of goods by sea. It often ends the contract of carriage of goods. Although delivery of goods is considered as an important phase in the international carriage of goods by sea, there are shortages of provisions concerning delivery of goods in the international conventions before Rotterdam Rules, such Hague Rules, Hamburg Rules. It is hard for these conventions to guide the shipping practice and justice. Rotterdam Rules, as an international convention concerning the carriage of goods by sea, for the first time makes comprehensive and detailed provisions for the delivery of goods, providing basis for the dealing with delivery of goods in shipping practice. In addition to this, Rotterdam Rules provides new solutions to some problems concerning delivery of goods in shipping practice, making up the deficiencies of existing conventions. From all these, it is easy to distinguish the positive significance of Rotterdam Rules. But all conventions arise from compromise of several interests, in this process, some interests may be hurt-it lead to some problems against the conventions in the practice, with no exception of Rotterdam Rules.This thesis bases on the provisions of the Chapter 9 of Rotterdam Rules, including five chapters in all. Chapter one introduces the concept, category and history of delivery of goods. Chapter two analyses specific obligations of the carrier when different transport documents or electronic transport records are issued under Rotterdam Rules, and the influence of Right of Control. Chapter three is about the new solution of Rotterdam Rules to the problem of delivering goods without bill of lading. Chapter four elaborates the rights and obligations of carrier under frustration of delivery. Chapter five is the evaluation of the legal system of delivery of goods under Rotterdam Rules and the use for reference to China Maritime Code.The author hopes to further define the positive and negative significances of the provisions concerning delivery of goods under Rotterdam Rules by writing the thesis, for the purpose to perfect China Maritime Code, and provide theoretical evidence for the shipping practice.