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The Influence Of The Rotterdam Rules On The Multimodal Transport Operators And Its Inspiration To China

Posted on:2013-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:P LuFull Text:PDF
GTID:2246330371470751Subject:Science of Law
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It has adopted the completely fault-based liability principle by the Rotterdam Rules in which the carriers’ period of responsibility has been extended to "door to door". As a result of the carriers’ navigational fault exception being eliminated in the Rotterdam Rules, the carriers’ increased limitation amounts and liability has added more responsibility to them than ever before. The right and obligation between the carriers and cargo interests has been reallocated. Maritime convention’s application to the land carriage with certain conditions opens up a shady space and promotes the unity of legal regimes of international multimodal transport. The Rotterdam Rules has become a rule for international carriage of goods to regulate all models of transport. The Rotterdam Rules, which provides a way to the unresolved issues in the unification of international multimodal transport’s legal regimes in the international trade and international shipping industry, has become a rule for international carriage of goods to regulate all modes of transport. This paper attempts to clarify the relationship between the Multimodal Transport Operators and the carriers in charge of a carriage leg in unifying the legal regimes applicable to international multimodal transport from the concept of "performing part" in the Rotterdam Rules and deals with attribution problem of compensation liability of the loss or damage to the goods occurred during the international multimodal transport.This paper consists of 4 sections apart from introduction and conclusion. Chapter one introduces the research background and current legislative situation with respect to international multimodal transport. Chapter two deals with the multimodal transport operators’ legal status under the Rotterdam Rules. Chapter three analyzes the multimodal transport operators’ responsibility. Chapter four discusses what effect the provisions for the multimodal transport operators’ responsibility under the Rotterdam Rules have on the domestic legislation in China.This paper argues that under the international multimodal transport operator shall enjoy the rights of carrier, assume the obligations of the carrier and rights and obligations of the leg carrier were subject to the performing party under the " Rotterdam rules".And then this paper deals with the international multimodal transport operator’s liability basis, " door to door" of period of responsibility and limitation of liability provided in the " Rotterdam rules". Finally, this paper discusses defects existing in Legislation and gives some references to improve legislation of multimodal transport liability in China.
Keywords/Search Tags:The Rotterdam rules, International multimodal transport, the Basis of Liability, Limitation of liability, Proof of burden
PDF Full Text Request
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