On The Heritage And Development Of The Liability Of The Carrier System

Adjust the carriage of goods by the current international conventions are three: "Hague Rules" (Hague Rules), "Visby Rules" (Hague-Visby Rules), "Hamburg Rules" (Hamburg Rules), the three international conventions in different shipping stage of development, countries representing different interests concluded, each conventions and advanced with the times, to varying degrees, promote the development of international transport. These three principles of the Convention on the Responsibility for the carrier, responsibility, limitation of liability provisions and other issues are quite different, the objective responsibility of the carrier system, causing confusion and conflict in the legislation, so that the law lost its stability and predictability, not conducive to the international shipping industry and international trade, transport rules are not uniform, causing much inconvenience to international trade, affecting the free transfer of goods, but also increase transaction costs. This phenomenon has aroused great attention of the international community, after a decade of effort, December 11, 2008 at the United Nations General Assembly adopted the "whole or part of the Sea Convention on Contracts for the International Carriage of Goods", referred to as "the Rotterdam Rules" (The Rotterdam Rules), the signing ceremony has 2009 September 21 to 23 will be held in Rotterdam in the Netherlands. "Rotterdam rules" formulated by the main purpose is to replace the existing three international conventions in order to truly realize the maritime transport of goods for the international unity. The new Convention limits the liability of the carrier, the main responsibility, liability and other matters were made during and Disclaimer substantial changes of the international shipping industry is huge. But the "Rotterdam rules" is not perfect, there is the cumbersome, imperfect, without the practice tests and other defects, which affect the force and effect of the "rules of Rotterdam,". And China's "maritime" is in the absorption of the reasonable part the "Hague Rules" (Hague Rules), "Visby Rules" (Hague-Visby Rules), "Hamburg Rules" (Hamburg Rules), combined with China's actual the case in November 1992 issued in July, more than a decade has not made changes, is faced with whether to revise, how to revise the problem. China is the largest maritime power in the country but not the shipping, so must be carefully treated, "Rotterdam rules" to facilitate the development and prosperity of China's shipping industry.