Under The "rotterdam Rules" Analysis Of The Maritime Performing Party System

United Nations Convention on Contracts for the International carriage of Goods Wholly or Partly by Sea– the"Rotterdam Rules"(hereinafter the Rules) was adopted by the UN General Assembly on 11 December 2008 and was opened for signature at a ceremony on 23 September 2009 in Rotterdam, the Netherlands. Rotterdam Rules uniquely introduced a brand new theory–"the Maritime Performing Party"(hereinafter MPP), which not only adapted the"door-to-door"period of regulation stipulated by the Rules, but also together with the concepts of"Performing Party"(hereinafter PP) and"the Carrier", formed a new classification setup of the maritime subjects as well as marked a new epoch in liability system.The essay consists of four parts:The first part introduces the drafting history of MPP, which plays a pivotal part in understanding the whole legal system of MPP.The second part analyses in great detail the definition and scope of MPP and its specific types under different circumstances. Furthermore, the essay elaborates the significance of distinguishing between MPP and PP based on comparative method.The third part brings an analysis on MPP's responsibilities and liabilities under the Rotterdam rules, including its period of responsibility, doctrine of liability fixation, limitation of liability and scope of liability.The last part is related to the heated dispute of the Actual Carrier and the Terminal Operator existing in the judicatory practice in China and the author suggested that the Chinese Maritime Code shall introduce the concept of the MPP and perfect related regulations.