The Research Of Maritime Performing Party's Legal Status Under The Rotterdam Rules

Along with economic globalization's arrival and international trade's development, the proportion that marine transportation occupies in the international goods traffic is getting heavier and heavier. In fact it becomes the most main way of the international goods traffic. Marine transportation has also expanded from"the port to the port"to"the gate to the gate". The way of the multi-like combined transport ships is getting more and more common. Many disputing parties participate in a contract from concluding a treaty to fulfillment directly or indirectly. For the need of the development of practice to, dealing with in the present complicated situation of the legal relationship of marine goods traffic, the international convention and the various countries' domestic legislation attempt to set up one kind of legal regime, which integrates all related parties, besides the carrier, participating in the entire transportation process in the marine goods traffic other related in this legal regime. Therefore in 1999, the international maritime affair committee accepted the United Nation's Commission on International Trade Law's request, established the transportation law subcommittee to conduct the research regarding this specially, on December 11, 2008, the United Nations 63rd conference adopted "the United Nations Entire journey Or Part Marine International Goods traffic Contract Joint pledge", chose a name for "the Rotterdam Rule". Compared to "the Hague Rule" and "the Hamburg Rule", this joint pledge contrast has many innovations. Maritime Performing Party is one of them. This concept's proposition includes the loading and unloading companies, the warehousing company as well as the in port transportation parties and so on who fulfill or propose to fulfill the carrier responsibility and enables them to be possible to enjoy carrier's responsibility limit, relief and contradicts, promotes modern logistics development. The marine performing party, which is a characteristic item of"the Rotterdam Rule", has important theoretical and practical significance for clarifying the intriguing international marine goods transportation legal relationship, and clearing the responsibilities of the parties.This essay is divided into there parts. The first part is the basic knowledge of the marine performing party, including its origin, definition, scope and its difference from related conceptions. The second part discusses the legal status of the marine performing party, including its rights, voluntarily and responsibility. Finally, it states suggestion to our marine law's related stipulation.