Font Size: a A A

On The Liability Of The Carrier In The Draft Law On Uncitral Transport System

Posted on:2006-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhaoFull Text:PDF
GTID:2206360182456350Subject:International Law
Abstract/Summary:PDF Full Text Request
Because of high risks and large amount of loss in ocean shipping adventure, carrier's liability is always the core system of laws for carriage of goods by sea. Along with the development of ocean shipping practice and maritime cases in the past several centuries, a set of integrated and characteristic system for carrier's liability has come into being, which is different from other transportation models. But in the last century, container shipping and Multi-modal transportation has achieved great development. Now, cargo transportation is involved not only ocean shipping, but also inland transportation. Because of the huge difference in the law provisions between ocean shipping and other transport models, large amount of law conflicts were resulted in, which affected the smooth development of cargo transportation and international trading. Therefore, in order to avoid the law conflicts, United Nations Commission on International Trade Law (UNCITRAL) commenced to prepare the draft of Transport Law, which can be applied in all transport models. And the final draft has come into being in September of 2003.As the core system of carriage goods by sea, it is very important and significant to research the carrier's liability in cargo transportation and to draw a set of reasonable, effective liability system, which will be beneficial for avoiding law conflicts and promoting the development of Multi-modal transportation. This paper intend to research the liability system provided in the draft of Transport Law and compared with the three traditional international conventions, to analyze the advantages and disadvantages of the provisions in the draft. On this basis, to bring forward writer's own opinions and suggestions. This paper is divided into four chapters.First chapter to discuss liability regime and period responsibility of carrier. Compulsive uniform liability system is doubted and network liability system is commended in this paper. Refer to period responsibility of carrier, provisions ofdoor to door service is thought to be reasonable.Second chapter to analyze carrier's compensation liability. In this chapter, basis of liability and burden of proof are discussed. And as is well known, in the traditional conventions, carrier is not liable for neglect or default of master or crews in the navigation or in the management of the ship, nor liable for fire, unless caused by the actual fault or privity of carrier. This paper discusses whether these two provisions should be abolished with the development of ocean shipping technology. Also, this paper stated liability limitation for carrier and the lost of right to limit liability. Another emphasis in this chapter is delay in delivery, carrier's liability for delay in delivery is introduced.Third chapter to state the concept of performing party, which is firstly brought forward in the draft. The legal status and liability of performing party is also discussed in this paper.Fourth chapter to introduce the developing characters of international cargo transportations. The status of shippers and cargo owners has been more and more important in the drawing of transport laws. The new technology in ocean shipping also is affecting the carrier's liability.The emphases of this paper are as following: analyzing carrier's liability regime, researching carrier's compensation liability, including basis of liability, limitation of liability and delay in delivery, introducing the concept of performing party and hisliability.
Keywords/Search Tags:Transport Law (draft), carrier's liability, delay in delivery, performing party
PDF Full Text Request
Related items