Font Size: a A A

Review Of Cmi Of Goods By Sea Transport Law Proposal Is Issued On The Responsibility Of The Carrier System

Posted on:2003-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z H WangFull Text:PDF
GTID:2206360092481470Subject:International Law
Abstract/Summary:PDF Full Text Request
CMI has been endeavoring the international unification of the law relating to carrier's liability system arising out of the carriage of goods by sea since 1907. The Hague Rules which was adopted in 1924 started the beginning of the unification of carrier's liability system. The degree of uniformity decreased as the Visby Protocol amendment to the Hague Rules was adopted in 1968.Afterthe Hamburg Rules entered into force which brought about a system of liability which is significantly different from that of the Hague Rules and Hague-Visby Rules, the pace of disunification increased significantly. Moreover some other nations have formed their own carrier's liability system. In the circumstances, CMI whose object, as stated in its constitution, is the "unification of maritime law in all its aspects" decided that a new international convention should be drafted aim in the reunification of carrier's liability system. This dissertation is planned to compare and discuss the systems relating to carrier's liability in the CMI's Draft Outline Instrument in order to research the intentions of the regulations and grasp the international unification trend of carriage of goods by sea.This dissertation is divided into 4 chapters altogether.In the first chapter, the background of CMI's Draft Outline Instrument is introduced. The first section analyses the present disunification situation and the questions from two aspects of international conventions and domestic laws, and analyzed the development characteristic of the current carriage of goods by sea. The second section introduces the different viewpoints and different schemes to the unification of carriage of goods by sea from the international community and CMI. The third section briefly looks back what CMI has been doing for the unification of carriage of goods by sea.In the second chapter, the definition of carrier and other related definitions are analyzed. The first section analyses the two most important main bodies: carrier and performing party. Carrier is the person who enters into a contract of carriage with a shipper and a all-round discuss is given on the identity of the carrier. The scope of performing party is broader than actual carrier in Hamburg Rules, but narrower than performing carrier in the U.S.COGSA 1999.The definition of performing party enacts the Himalaya Clause. The second section introduces the definition relating to carrier's liability including Contract of carriage, e-commerce, transport document and shipper etc. The Draft Outline Instrument extends the Contract of carriage to the multimodal transport and stipulates the limited network system. The classification to transport document is worth learning.The third chapter is the nucleus which analyses the carrier's liability system. The first section introduces the carrier's obligations with respect to the ship'sseaworthiness which should be continuous throughout the voyage. The period of responsibility of the carrier which covers the period from the time of receiving the goods until the time of delivering the goods to the consignee subject to the provisions of multimodal transport is analyzed in the second section, but which can be contract out under two kinds of circumstances. The third section is stressly inquired into the basis of liability of the carrier. Firstly the influence that the abolishment of the defense the exception of error in navigation of Vessel brings to shipping economy, collision damage and general average. This provision represents a much modified version of the excepted perils of the Hague Rules: in particular the exceptions appear here only as presumptions that the carrier is not at fault. If the "nautical fault" exception which only works as a true exoneration does remain, it would require to be separately expressed with suitable prefatory words. The 4th section analyses the carrier's delay in delivery. The Draft Outline Instrument should use the Hamburg Rules for reference and enlarge the compensation. The 5th section and the 6th section respectively in...
Keywords/Search Tags:CMI's Draft Outline Instrument of carriage of goods by sea, definition, the carrier's liability system
PDF Full Text Request
Related items