International Maritime Cargo Control Over The Research

During the international carriage of goods by sea, there is a need for the cargo interests to be able to give instruction to the carrier, for example, if the goods are sold or resold in transit or if becomes apparent, during transit, that the consignee arid buyer of the unpaid goods has become insolvent. In order to meet the need from trade, it has been felt that UNSTRAL Draft Instrument ought to deal with the right of control, partly because bills of lading are in many trades to a large extent replaced by waybills, and partly because a well defined and transferable right of control may play a useful role in the development of electronic commerce.In the first chapter, the legal background of the right of control is introduced. And I distinguish the concept of "right of control" in maritime transportation law system from that of "right of stoppage in transit" in commodity trade law system. In the second, the third and the fourth chapters, the nominal of right of control is introduced which includes content, exercise, transfer and extinction, First, I think the person in possession of the right of control is not necessarily the seller; it can be the holder of the document, the contracting shipper, or the consignee. Moreover, the person in possession of the right of control is entitled to transfer its right to another person. Second, the addressee of the instructions is the contractual carrier, but if and to the extent required by the nature of the instruction, a contractual carrier has to pass on the instruction to the actual carrier. Third, the object of right of control ought to be the goods provided for in the contract of carriage rather than in the contract of sale if there are differences in the two contracts. The fifth chapter discusses some legislation suggestions are put forward from the basis of Chinese law and practice.Last, I suggest that in the field of national law, systematical regulation of right of control in national transport law is necessary and coordination with the current laws ought to be considered.