International Shipping Delay In Delivery Of The Rules Of Research

The delay in delivery in the field of carriage of goods by sea is an important question about which the people in theoretical and judicial circles debate unceasingly. For the sake of them own interest, different countries have different opinions. Even if Draft of Unification of Law on International Carriage of Goods by Sea draft by CMI offers different standards for its members. The thesis analyses the identification ,standard, liability of law and the remedy of delay in delivery, and relates the tendency of the trial of and legislative on which, so we can find a way to solve the kind of claim.Whole dissertation consists of five chapters.Chapter I discusses the identification of delay in delivery .Hague Rules and Hague-Visby Rules don't make regulation relating to the rule. Hamburg Rules is the first international convention making provisions on the identification and liability for delay in delivery. In practice, all of major countries connecting with carriage of goofs by sea think the identification should include the provision of "reasonable time". The Maritime Code of the People's Republic of China (CMC) adopts some regulations of "Hague Rules", in which delay in delivery is defined as "Delay in delivery occurs when the goods have not been delivered at the port of discharge provided for in the contract of carriage by sea within the time expressly agreed". The concept excludes the kind of delay which occurs when the goods have not been delivered within reasonable time .consequently, it brings us some contradictions. We should modify the concept if we want to fully solve the problem.Chapter II debates the time standard of delay in delivery. The time should include "agreed time" and "reasonable time". "Reasonable time" is a problem of fact, but we can judge by four aspects: what both sides express about "time", the carrier should exercise due diligence, the carrier has no fault, and the other situation which can be expected.Chapter III studies the liability of the carrier on delay in delivery. Even if the carrier should be liable for delay in delivery, he can still be entitled to the benefit of limitation of liability including the limitation of liability for maritime claims and unit claims. The author explicates the range of compensation for which the carrier should be liable, the system of limitation of liability of the carrier and the rule of exemption, and points out CMC should add to the amount of compensation for loss, aggravate the responsibility resulting from delay in delivery for the fairness and justice. The stand CMC takes is strict with the consignee but tolerate to the carrier, in the long run which is adverse to the balance of the benefit of both sides.The chapter IV deals with the remedy of consignee . When the delay occurs, the consignee has got to take steps to conserve his interest. It is a right for the consignee but a sanction for the carrier. The thesis accepts the judicial remedy for the carrier as the scope of delay in delivery, and views the consignee can give certain permission period to the carrier, claim, rescind the contract of carriage and treat the goods as lost according to the situation.Chapter VI analyses the tendency of trial of and legislative on delay in delivery .The people in the judicial circles tend to look on the delay which occurs when the goods have not been delivered within the time expressly agreed, on the contrary ,the people in theoretical circles think the delay which occurs within the reasonable time should be treated as delay in delivery, and CMC should heighten the quota of compensation, whereby the carrier can be completely compensated for loss by the carrier.