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The Study On The Right Of Control In The Rotterdam Rules

Posted on:2012-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2216330371458687Subject:International Law
Abstract/Summary:PDF Full Text Request
The right of control is a significant right in the carriage of goods by sea, it means under the contract of carriage, when the goods are in the period of responsibility of the carrier, the controlling party has the right to give or modify instructions in respect of the goods that do not constitute a variation of the contract of carriage, give instructions to stoppage and delivery the goods in transit, and to change the consignee, if the instructions can reasonably be executed, and will not interfere with the normal operations of the carrier and the other's interests. With the development of international trade and carriage of goods by sea, the right of control becomes an extremely important right, and the system of right of control comes as well. The UN General Assembly approved the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, called the Rotterdam Rules, on DEC 11th,2008.The chapter 10 of the Rotterdam Rules definitely provides the concep,content and relatively provisions of right of control in the first time. However, our nation's legislation on the right of control is still imperfect, it is meaningful to analyze the provisions of the right of control of the Rotterdam Rules.This paper contains four chapters.The first chapter is about the subject of the right of control, expatiating on the background, concept, character, content and function.The second chapter clarifies the chapter 10 of the Rotterdam Rules. It analyses the background of the Rotterdam Rules, right subject, content of right and exercise of the electronic documents, then comments on it. The third chapter compares the right of control in the chapter 10 of the Rotterdam Rules and the other conventions in concept, right subject, content and condition of exercise.The fourth chapter mentions our nation's legislation on the right of control by analyzing the provisions contained in Contract Law. In the last, it put forward some suggestions for the perfection of our legislation.
Keywords/Search Tags:the Rotterdam Rules, right of control, the contract of international carriage of goods by sea
PDF Full Text Request
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