A Disquisition About The Consummation Of The Legal Duty System For The International Express Carrier

This disquisition is studying the legal liability of the carrier of international express, through a deep investigation of the international convention, rule and law. The legal basics of the international express carrier's liability system should be《Warsaw Convention》. Nowadays, all the international express carriers, including UPS, Fedex and DHL, are complied to《Warsaw Convention》.The express waybill is not a transportation contract, while it should be a proof of the cargo receipt by the carrier. The transportation contract of the international express is a standardized contract preconditioned by the carriers. The obligation principle of international express carrier stipulated by《Warsaw Convention》is a presumption principle of negligence liability. It means that, as soon as the lost of cargo happens, the carrier is presumed to be negligence and should compensate the lost, unless the carrier can prove that there is no fault of himself. As other transportation methods, the international express carriers are also protected by the liability limitation system.《Warsaw Convention》stipulates that the lost of the cargo should limit to the lost itself, not including the expected profits, unless the shipper has declared the value of the cargo and paid extra charges. Nowadays, according to the rule of IATA, The compensation to the lost of cargo should limit to the value declared on the waybill and will not exceed 100USD per shipment. The carrier also has the right of defense when the lost happens. Since the international express business expands to China, Chinese government had constituted a series of related rule and law about the international express carrier's liability system, but they have some defects, writer also give some advice about how to establish and consummate the international express carrier's liability system in China.