Research On The Carrier's Obligation Of Seaworthiness In Rotterdam Rules

The carrier's obligation of seaworthiness in "Rotterdam Rules", which inherits and develops that of the "Hague Rules", adapts to the actual situation of the shipping market. This thesis analyzes and studies the relevant issues of the obligation, which is divided into the following chapters:Chapter one analyzes the evolution and the driving force of the carrier's obligation of seaworthiness, as well as the relevant provisions of the "Rotterdam Rules", and considers that the fundamental motive forces of its evolution are the profit-pursuing of both the carrier and the shipper, the progress of technology and the law and the development of the shipping market, which prove that the formulation of "Rotterdam Rules" is historically inevitable;Chapter two analyzes the contents of the carrier's seaworthiness obligation in "Rotterdam Rules", and thinks that it includes original seaworthiness duty and seaworthiness obligation. The principal of original seaworthiness duty can be any person, while that of seaworthiness obligation is the carrier and/or the maritime performing party. The period of responsibility starts from the carrier and/or the maritime performing party possessing the ship actually to the end of unload goods or should detach from the ship. Objectively, it requires the ship operating legally and cohering with the technical specifications and the specific voyage requirements for cargo transportation; subjectively, it claims that the carrier should equip with certain knowledge and sound skills according to the provisions or reasonable requirements in specific situations, and have the ability of taking proper measures, making an effort to meet the requirements of seaworthiness. Then this chapter gives four aspects which should be considered to assessing the carrier due diligence performance;Chapter three does a research on the obligation of cargo caring and the exemption circumstance in "Rotterdam Rules", considering that the obligation of seaworthiness is distinguished from the obligation of cargo caring in the area of object and purpose. By analyzing the burden of proof, a conclusion that the " Rotterdam Rules " is more fair and reasonable is made, which abandons " the Vallescura rule " and "the average loss sharing principle", and rectifies "the doctrine of overriding obligation ";Chapter four studies the impact of the carrier's seaworthiness obligation on the shipping industry under the "Rotterdam Rules", considering that the provision raises obligations and risks for the carrier. on the one hand, it will increase the carrier's operating costs but it stimulates the development of the carrier and is of great benefit to the shipper; on the other hand, it is conducive to global shipping insurer while it is to the disadvantage of China's maritime insurer. At the end of the thesis, some pieces of suggestion are given in the contents and the favorable time for revising China's "Maritime Law".