On The Right Of Appeal In The International Carriage Of Goods Under The Contract

Among the legal issues with regard to international carriage of goods by sea, the subject of title to sue is not merely sophsiticated in theroy, but also have great role in the practical respect. The laws and regulations related to title to sue have already been set out in many countries, but there is short of defined legislation on title to sue in CMC, which leads to many disputes in legal practice.So far the author think it necessary to make a deep and further research on title to sue, aiming to enforce the reasonable regulations and decrease the possibility of disputes.And the author intends to analyze the above issue from three aspects as follows: theory, legislation and international convention.From the beginning, the article simply introduces the basic theory about title to sue.lt makes a definition for title to sue, and introduces the development of the theory related, and then analyzes the required elements of title to sue based on the theory. Then, it turns to the title to sue under the contract of international carriage of goods by sea.In the second chapter, for the convenience of the following text, the author discusses the legal relationships in the international carriage of goods by sea -the credit relationship in Bill of Lading and the contract relationship in carriage of goods by sea, and compares these two relationships. For the character of the Bill of Lading legal relationship, the author analyzes several theories in this aspect, and tries to use "securities relationship theory" to explain this problem reasonably.The following part deals with the contract title to sue of shipper and holder of B/L in particular. Chapter Three first enumerates the definitons of holder of B/L in the legal provisions of different countries and international treaty, and through the analysis on other countries's legislation and UNCITRAL's new draft on transport, puts forward the individual viewpoint. Aiming to the inconsistency in the judicial practices on the title to sue of shipper in our country, Chapter Four first makes the discernment of two kinds of definitions on shipper in CMC. On this condition, make material analysis combined with concerned judgements by domastic courts and related theories distinguishing two kinds of situations.Chapter Five illustrates the provisions of title to sue in the UNCITRAL 's new draft on transport and analyzes the essences of that and then the author proposes the personal advices toward the amendment of CMC.Wang Yan (international law) Directed by Pro. Yin Dong Nian...