Legal Issues In The Nvocc Business Processes

The so-called non-vessel-operating common carrier or NVOCC is a kind of intermediary created firstly by American law. In China, it is a new thing and still has a long way to go. The issues addressed in this article, including the legal status of NVOCC, the issuing of House B/L and the right to lien on cargo in the business related to NVOCC and so on, have raised many disputes since NVOCC came into being. So, based on Chinese law, through the civil law theory and case analysis, and also using foreign laws and regulations (especially American's) for reference, this article probes into these issues and gives the writer's own viewpoints on them.In Chapter 1, the writer analyzes NVOCC s legal status. Firstly, after comparing different comprehension of the concept "NVOCC", the definition is given; Secondly, through a case study, the writer points out that Non-vessel-operating service involves two legal relationships and NVOCC has a dual identity; Thirdly, concerning the overlapping of non-vessel-operating service stipulated in the Regulation of the PRC on International Maritime Transportation (ROIMT 2001) and independent operator service stipulated in the Regulations of the PRC on the Management of International Freight Forwarder (ROMOIFF 1995), the writer emphasizes the necessity to harmonize the right to administrate between relevant authorities; Then, according to American Shipping Act of 1984, OSRA1998 and the UNCITRAL Transport Law Draft, the article discusses the status of the in-between NVOCC in the circumstances of more than two NVOCCs existing in the non-vessel-operating service.In Chapter 2, the article discusses the issuing and the nature of House B/L. Based on the ROIMT 2001, the writer figures out that the House B/L issued by unqualified NVOCC is also valid in civil aspect through case study and the analysis of Contract Law. Meanwhile, the writer analyzes the nature of HouseB/L, especially identifies it as document of title.Chapter 3 is about the payment of freight and the right of lien on cargo in non-vessel-operating service. In this chapter, the writer discusses it in two circumstances. At first, from the perspective of the theory study on the qualifications of lien and the comprehension of the word "possession", the writer points out that NVOCC is entitled to lien through indirect possession of the cargo; Secondly, starting with the analysis of relevant Chinese law and considering the balance between the shipowner and cargo interest, it is proposed that the actual carrier is not entitled to lien on the cargo owned by the third party in non-vessel-operating service.Chapter 4 is about the legal liability of NVOCC. Firstly, the particularity of the joint liability assumed by the actual carrier and NVOCC is pointed out; Then, the writer discusses whether the NVOCC is entitled to the limitation of liability through the analysis of relevant laws and legislative intention; At last, the writer recommends to establish the NVOCC's liability insurance system in China.Lv Jing (International Law) Directed by Prof. JiangZhengxiong...