Study On Major Legal Problems Of Carriage Of Dangerous Goods By Sea

The signing ceremony has been held in September 23,2009 in Rotterdam. There were totally 21 countries signed the rules to December 31. According to regulations by UNCITRAL that "Rotterdam Rules" should take effect one year after it has 20 members signed and submitted the approval. It will surely take tremendous impact on our country in the future. If it comes into effect in China, for the parties of contract of carriage by sea means their rights and obligations will change a lot. Even if it doesn't come into effect in China, some provisions will also bring in Far-reaching effect to our shipping legislation. In such cases, the author compares the different of the International Conventions and the national laws about the part of the contents of the transport of dangerous goods. Hope to give a little suggestion to improving China's "maritime law".Chapter one, introduces the provisions of the International Conventions and the national laws about the part of the contents of the transport of dangerous goods. And describes the current definition of dangerous goods and compares them. For the modern shipping industry summarize the way of definition of dangerous goods which fits the development of modern shipping. Put the idea forward that definite of dangerous goods in different ways for different shipping stage.Chapter two compares the rights and obligations of the shipper, analysis the discharging time, discharging mode and notification obligations of the shipper, and suggests that some obligations took by the shipper in traditional may perform by the carrier.Chapter three compares the rights and obligations of the shipper. It focus on the carrier's right of disposal of dangerous goods, compares the different provisions of law, combination of practice, comes to the way that fits the reality in China.Chapter four discusses the double sides of the legal relations of NVOCC in the marine dangerous cargo carriage.Chapter five, bases on the analysis above, provides legal suggestions on the improvement of "Maritime Law".