Sea The Carrier's Liability During The Period

The subject matter of this paper is the period of responsibility of a sea carrier. Problems relating to this subject matter will be analyzed by comparing domestic cases, existing international conventions and draft of transport law. Then solutions to these problems will be given.Following a common approach of asking questions, studying problems, and resolving problems, this paper is divided to seven parts:The Introduction part will clarify the purpose of this paper, status in quo on this subject and approaches adopted by this paper to solve the problems.ChapterⅠfirst briefly introduces the contract of carriage of goods by sea, then points out that carriage of goods by bill of lading is the contract studied by this paper, and then continues to introduce the relationship between bill of lading and period of responsibility. After the introduction questions to be resolved by this paper will be raised.ChapterⅡtries to give a definition of period of responsibility. This chapter first introduces domestic controversies on this issue, and then explores views held by scholars from Taiwan district of China. Next this chapter will analyze definition in Hague rules, Visby rules, Hamburg rules, and draft of transport law and compare them with Maritime Law of China. After this comes the conclusion that period of responsibility in the Maritime Law of China is only a compulsory period of responsibility. Then this chapter continues to compare the differences and relationship between compulsory period of responsibility and general period of responsibility, scope of responsibility and period of contract.ChapterⅢfocuses on analyzing the relationship between responsibility and period of responsibility. This chapter will first analyze the relationship between the responsibility and period of responsibility from a historical perspective, and then analyze the shortcomings in the Hague rules, Visby rules, and Hamburg rules. Next this chapter will comment on provisions in the draft of transport law. Based on previous analysis and comparison, this chapter will turn to discuss the shortcomings in Maritime Law of China. Finally this chapter reaches the conclusion that the primary responsibility in the period of responsibility is the responsibility of carriage of goods.ChapterⅣwill discuss the issue of the duration of period of responsibility. This chapter will first introduce the historical development of the duration of period of responsibility, and then will analyze the duration of the period of responsibility of carriers such as actual carrier, multi-modal carrier and non-vessel operating common carrier. In the last this chapter will discuss the standards for determining the beginning and end of the period of responsibility.ChapterⅤfirst discusses the period of responsibility in carriage of goods by other modes. And then explores the issues of link-up of carriage of goods by other modes to carriage of goods by sea. There are five modes of carriage of goods to be discussed in this chapter. The mode of transport by pipe does not fall within the meaning of carriage of goods in chapter 17 of Contract Law. But this mode is so widely used in practice, it is necessary to discuss it in this chapter.The last is the part of conclusion, which will first summarize views raised by this paper, and then give suggestion as to the modification of Maritime Law.