A Study On Compensation Of Controlling Party To The Carrier Under The Rotterdam Rules

Right of control and the controlling party in the world, deer control "Rotterdam Rules "will greatly improve the protection of the national maritime transport law the seller interest in the issued non-negotiable transport document or electronic transport record and did not issue any transport document or electronic transport record for FOB trading, right of control over the first given to the documentary shipper, which will greatly protect the interests of the seller. Based on the premise for most of China’s maritime trade is FOB Rotterdam Rules side will provide guarantees for the protection of China’s export trade.Enjoy the cargo control over the people known as the controlling party, and the controlling party in addition to the enjoyment of the cargo control rights, but also enjoy the power to change the contract in consultation with the carrier. In the case of issuing the transport document or electronic transport record, the controlling party identification methods, as well as the transfer of control over the rules differ. In compliance with the statutory conditions, the carrier shall perform the controlling party to exercise control over the directions given by the reasonable costs and losses resulting, by the controlling party to bear; the carrier the right to require the controlling party to provide the appropriate guarantee. Carrier unreasonably refuse the implementation of the knowledge of the controlling should also be liable for compensation. Controlling party is under an obligation to the carrier or a performing party to provide information, instructions or documents; such as the controlling party can not provide such information, such information, instructions or documents should be provided by the shipper or the documentary shipper.The controlling party of the carrier’s compensation is based on the carrier prudent in implementing the instructions of the controlling party, which means that not all additional costs and losses arising from Carrier’s execution of the instructions of the controlling party of the controlling party has a liability only when the carrier people to fulfill the obligation of diligence under the control side of the carrier due to the execution of instructions generated by the additional costs and loss of compensation or compensation. But the controlling party of such compensation and liability does not include carrier caused by the execution of instructions to delay responsibility, because the Convention itself does not adjust any liability arising as a result of the delay of the carrier, but by the country’s domestic Law to resolve.The paper is divided into introduction, body, conclusion of three parts, the body part is divided into three chapters.The first chapter, the controlling party the right to the instructions. This chapter will be described in detail the concept and to identify the controlling party, and also pointed out that control of the goods issued or modified does not constitute changes to the instructions of the contract, the contract of carriage full.Chapter Ⅱ, the carrier bears the obligation to perform the instructions of the controlling party. This chapter will analyze the sources and implementation of the directions of the carrier to perform such obligations, as well as the carrier of the implementation of the instructions of the controlling party.Chapter Ⅲ, based on the carrier to carry out the instructions of the controlling party compensation and liability. This chapter is divided into three parts to discuss, based on the carrier’s reasonable additional costs of the controlling party liability; based on the carrier suffered loss or damage, the controlling party liability; control of the parties live up compensation and liability situation.Finally concluded that, under the carrier to fulfill the obligation of diligence and control approach to fulfill Points of negative compensation responsibility or liability for the losses caused by the instructions on the carrier."Rotterdam Rules" does not require delay loss, and the carrier can resolve by the domestic law.