Carrier To Identify The Carriage Of Goods By Sea Research

Identification of carrier often constitutes a hindrance to the parties involved in carriage of goods by sea The hindrance mainly arises from following circumstances: Firstly, the different definitions of carrier in international conventions and domestic law, Secondly, diversity and complication in shipping operation. In shipping practice, it is always not easy to identify the carrier among so many parties concerned under one shipment. Only by identifying the carrier quickly and precisely could the cargo owner launch claims against the liable party timely to avoid exceeding of time bars for a lawsuit against a wrong party. On the other hand, the shipowner or the charterer could effectively rebut cargo owner's claim only by making sure whether he himself is the carrier or actual carrier who should be liable for cargo damage. Obviously, it is very important for the cargo owner and the shipowner to identify the carrier. In all, the identification of carrier is of great importance whether in view of substantial law or procedural law. The dissertation will mainly discuss the issue of identification of carrier in the carriage of goods by sea and the problems it accordingly occurs.This dissertation falls into five Chapters.The first Chapter, which paves a basis for further discussion in the following chapters, begins with the summary on identification of the carrier by analysis of the significance of identification of carrier, and the concepts and classification for the contracts of carriage goods by sea, and the comparison of the definitions of carrier on the three international conventions, U.S.A COGSA 1999 and CMI's Draft Outline.The second Chapter focuses on the analysis and comments on some basic theories for identification of carrier, namely the relationship between the carrier and the bill of lading, several criterions on identification of carrier, and the principle that identification of the carrier should complyThe core of the dissertation rests in Chapter Three, the identification of the carrier in the Hague Rules. After brief introduction on the background for the Hague Rules, the application scope and definition of carrier in Hague rules are analyzed, finally the identification of carrier in bareboat charter, time charter andvoyage charter is articulated respectively from shipowner, charterer and other parties who are liable to be the carrier defined in the Hague Rules.Chapter Four, the identification of carrier in the Hamburg Rules and the Maritime Code of The People's Republic of China (CMC), puts forward some proposals for the legal solution of carrier's identification after detailed articulateness on the regimes of actual carrier and the identification of the carrier in CMC. The Hamburg Rules has made a great contribution to the solution of carrier's identification by precise definition for carrier and the difference between carrier and actual carrier. CMC basically transplanted the definition of carrier in the Hague Rules.Chapter Five dwells upon the demise clause and identity of carrier clause. In shipping practice, a demise clause or identity of carrier clause is often presented in the Bill of Lading especially for the Bill of Lading under charter party, this clause greatly influences the identification of carrier and disputes often arose for the validity of the clause in juridical practice. This chapter brings the author's opinion by comparative analysis on the different aspects of views reflected in the cases by courts of England, U.S.A and Canada etc.Cherishing a hope to exert a bit of positive influence on the theoretical research and judicial practice in the identification of carrier in China, the author carries out detailed articulation on the identification of carrier and other relevant issues in carriage of goods by sea mainly through comparative analysis on the laws, regulations and cases of England, U.S.A and China.