Maritime Transport Of Dangerous Goods Shipper Legal Status Of The Study

In international trade, most of dangerous goods are shipped by sea. Among various ways of transportation, shipment is cheaper and more suitable to mass transportation in comparison with carriage by air, road and pipe. This advantage attracts numerous goods which are apt to be carried by sea, such as crude oil and liquid chemicals in bulk, affects and largely increases the flow of dangerous goods shipment. As a consequence, the accidents take place more often than not and cause large casualties, property loss, and even the environmental pollution. carriage of dangerous goods by sea, different from carriage of ordinary goods , is concerned with public interests and security and is highlighted by governments of different countries and international society. The international society administers the dangerous goods carriage by carrying out the strict legislation characteristic of executive technology and make special regulations on this carriage in transportation laws.Presently, with the development of globalization, the developed countries transferred the production of dangerous goods to the developing countries. As the biggest developing country in the world, china has been the important place of aggregation and diversion of dangerous goods by sea. Therefore, it has reality-oriented significance to protecting our country interests as well as possible by researching carriage of dangerous goods by sea in market globalization.This paper has four chapters in total.In chapter one, the writer introduces and analyzes the current legislations about the carriage of dangerous goods by sea. At first, the author introduces relevant definition of dangerous goods in international convention, Anglo-American law system and national theoretical and practical fields. It is lack of specific definition clause in academic field. Most carriage laws indirectly presents descriptive simple definition of dangerous goods when regulate rights and obligations of shipper and carrier relevant to carriage of dangerous goods by sea. It is not mentioned in Chinese Maritime Law. Presently international society gradually enhances the awareness of marine environmental protection. It can't be disregarded that the marine environment will be effected when the accident of the carriage of dangerous goods occurred. Hence it is reflected in civil law of carriage of dangerous goods. Dangerous goods of maritime transportation expand to include the substance which can damage environment.Due to lack of specific definition concerning dangerous goods in theoretical field, the author thinks that the dangerous goods are the goods which do harm to or may conceivably do harm to vessel, goods on board, sailors and marine environment for their physical, chemical, biological and mechanical characteristics such as combustibility, explosiveness, corrosiveness, deleteriousness and radioactivity. It contains but is not limited to listed goods in IMDG Code and maritime rules of every country, excluding from illicit and illegal goods.Because of lacking of specific definition of dangerous goods, it needs professional accreditation assisted by technical rules to distinguish dangerous goods from common goods. Without technical rules, Civil laws and regulations will lose standard of performance, and the safety transportation of dangerous goods cannot be regulated properly.Secondly, the paper states the statue of legislation about the rights and obligations concerning parties of the carrier and shipper (esp. the shipper) in international convention and the civil law of carriage of dangerous goods. The current civil legislation of carriage of dangerous goods does not form a unique law system. The rights and obligations between the shipper and carrier are not even. It puts more obligations on shipper but gives more rights to carrier such as right of disposal of dangerous goods etc.In chapter two, the paper introduces the rights and obligations of a shipper of dangerous goods. At first, the author analyzes the identification of actual shipper and contractual shipper, especially when actual shipper is separated from contractual shipper in FOB. The writer believes that the status of actual shipper is directly entitled by law, not judged by endorsement on bill of lading or agreement of contract. As long as he performs the duty of delivery pursuant to relevant law, he should be considered as actual shipper. Identifying their status correctly is the foundation of analyzing their legal status.The rights of the shipper of dangerous goods are as follows: demand the issuance of bill of lading from carrier, ask the carrier transport dangerous goods safely and claim for loss. The obligations of the shipper of dangerous goods include: notify by truth, deliver agreed dangerous goods, pack properly, mark and label on dangerous goods and provide necessary certificates for shipment to the carrier. The author explores the shipper's obligation of notification in detail.In chapter three, the paper analyzes the liabilities of the shipper of dangerous goods in detail. As for the liabilities, the author prefers to strict liability than negligence liability. The shipper takes liability for violation contract although he has no fault or negligence. it lists the specific occasions where the shipper should take responsibility and discusses whether the transfer of bill of lading affects the liability of the shipper or not. In the author's opinion, the legal relation between credit of bill of lading and carriage contract credit are different. The shipper does not quit the legal relationship of transportation contract by sea after transfer of bill of lading. He still has the duty of carrier contract towards the carrier and takes corresponding liability. The liability of security of the shipper for dangerous goods is the legal duty.In chapter four, the author presents the relevant advice. The paper analyzes the deficiency of the 68th clause of Chinese maritime law. Meanwhile, it discusses cargo agent's special status against plentiful cargo agent's fraud and lie commonly existing in shipment fields, mainly analyzing the liability of the cargo agent in dangerous goods carriage when he acts as pure shipper of dangerous goods. In practice of carriage by sea, the cargo agent, functioning as the show of the agent of the shipper, is virtually not bound to the legislation of dangerous goods, even if the cargo agent has deliberation and gross negligence. The agent does not take direct responsibility because of the shipper's strict liability. The liability resulted from cargo agent is usually taken by shipper because the cargo agent's market is in disorder. Therefore, it is urgent to promote transportation of dangerous goods by sea safely by taking measures to prevent and decrease the accidents resulting from cargo agent. In view of the deficiency of relevant law, this paper gives the follows advice:First, the law should define the scope of dangerous goods and set up the identifying institution. Second, the shipper should take strict liability when he violates the obligation of proper stowage in container and making mark and label. Third, when the shipper of dangerous goods breaks the obligation of notification, the law should regulate considering if the carrier learns the danger. Fourth, it should establish system of qualification permission of cargo agent for dangerous goods. Finally, increase the carrier's obligation properly.