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NVOCC Legal Status And Liability Of

Posted on:2005-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z XingFull Text:PDF
GTID:2206360125461096Subject:International Law
Abstract/Summary:PDF Full Text Request
This dissertation studies the Non-Vessel Operating Common Carrier and the operation of NVOCC business in accordance with UCP500, American Shipping Act of 1984, OSRA1998 and the Statute of International Shipping of PRC. On the bases of them, the author studies the legal status and legal liability of NVOCC.This dissertation is divided into 4 chapters.Chapter 1 is an introduction to the background of NVOCC, the conception and the process of it as well. Meanwhile, the author also studies the NVOCC operating from the international shipping convention, USA law and the related laws of PRC. This chapter aims at making the readers understanding NVOCC is not only a legal conception but also a practical one.Chapter 2 compares the NVOCC with carrier, freight forwarder, the actual carrier and the contractual carrier. In order to make the conception of NVOCC more clear to the readers, the author make several tables to analyze it. The aim of this chapter is to help the readers understand that NVOCC is a kind of carrier whose rights is limited.Chapter 3 is about the legal liability of NVOCC.The major part of this dissertation is Chapter 4. The author studies the problems in the operating of NVOCC business of China ,and makes some suggestions of resolutions to those problems. The author analyzes the security system, issuing of NVOCC bill of lading, lien of NVOCC business. And this dissertation also studies whether NVOCC can enjoy the limitation of liability and the arbitration article Totally, about 9 problems. The author make a detailed analyses and gives some points of view on them.The author makes 7 tables. They are as following: the ocean transportation relationship in shipping practice about NVOCC, compare with actual carrier, freight forwarder and the TPLO; compare with NVOCC B/L and actual carrier B/L, the assemble line about NVOCC B/L and so on.NVOCC is beneficial to both the ship owner and the owner of the goods. As forthe former, there is no need for him to deal with the freight forwarder and the ship owner. When it happened to be something wrong, the only thing he has to do is to connect with the NVOCC. And vice versa.NVOCC simplifies the relationship and saves time and money. So I do believe NVOCC comes into business which answers the call of the market and the practice of shipping.In all, I think NVOCC in China is a new thing and it still has a long way to go. As far as the legal intention and the practical operation are concerned, in order to make it more practical, some more definite regulation is urgently needed.
Keywords/Search Tags:non-vessel operating common carrier, actual carrier, freight forwarder, legal liability
PDF Full Text Request
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