Shishu Appeal System Under The Cmi Draft Transport Law

Shipping is the most important manner in international transportation in the world now. It is reported that 90% of the cargoes is transited by ship from country to country. The developed shipping markets require the unification in maritime law. But now, there are three international conventions in maritime law, which are the Hague rules, the Visby rules and the Hamburg rules. Even in the three international conventions there are great differences. And those nations that have not joined the three international conventions also have their own maritime laws, such as China. This status makes things disordered in international maritime law and makes against international transportation. In order to unify international maritime law, the CMI was entrusted by the UNCITRAL to draw up a new law. So the CMI set up the international Sub-Committee, which drew up the Draft outline Instrument in Sep 28,2000. The Draft outline Instrument had been amended twice in February 2001 and May, 2001. The final draft includes 17 charters, which make the draft orbicular in fabric and perfect in clauses. There are some new regulations in content, such as the right of control, freight, transfer of rights, time for suit, general average, other conventions and limits of contractual freedom, etc, especially the charter of rights of suit. The question about rights of suit is a puzzle in maritime law. There is no clear regulation in maritime law of China. The author studies the basic theory of rights of suit in this paper, analyses the provisions of the CMI Draft Instrument on transport law in respect of the rights of suit.The whole paper includes three parts, the forward, the text and the conclusion.The forward is the first part of the paper. In the forward we can know the background of legislation of the CMI Draft Instrument. Nowadays there are three international maritime conventions in the world, which are the Hague rules, the Visby rules and the Hamburg rules. In order to unify the international maritime law, CMI set up the international Sub-Committee to draw up the new law-the Draft Instrument. In the new law there are many new clauses including the rights of suit, which is the emphasis of this paper.The text includes five charters. The first charter is about the concept of the rights of suit. The author analyses the history of the rights of suit in this charter and contrast different theories about the rights of suit. Especially the author stresses the concept of the rights of suit in the maritime law and the characteristics of the rights of suit in the maritime law.The second charter is about "who is the right man in suit". The two parties-the plaintiff and the defendant, promote the procedure of suit. So whether the parties have the right qualifications or not is the most important things in the procedure of suit. This question is more complex in maritime law because of the complexity of the international transportation. The author analyzes deeply how to recognize the plaintiff and the defendant in a case.The third charter is about the methods of transfer of rights of suit. There are four kinds of methods in the Draft Instrument on the transfer of rights of suit. And the transfer of the electronic records becomes more and more important in international transportation when the inter net is being used wider and wider. So the transfer of the electronic records is the emphasis on this charter.The fourth charter is about the suit of tort and the suit of contract in the maritime law. Tort and contract are the two causes of a suit. But sometimes they are mixed in one suit. Which law can be applied when they are mixed in one suit? The author analyzes the situation and gives his own answer.In the fifth charter the author gives his advice on the amendment of the maritime law of China.The third part of the paper is the conclusion. In this part the author stresses the importance of the rights of suit.