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Theory Of Chinese Maritime Law And The Conflict And The Coordination Of The Rotterdam Rules

Posted on:2012-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z LuoFull Text:PDF
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As the International freight fast developing, the existing international legal system has been unable to meet its development needs. It is necessary to let the countries all over the world to realize the importance of the legal standard of international cargo transport unified. "Rotterdam Rules" was born in 2008 as a major international shipping industry event. But it still needs to be tested by the international community. China as one of largest international shipping countries, her response to the "Rotterdam Rules" will be very important for other countries. To join or not join is a difficult question; it needs us to have our own conduct in-depth examination. Our country did not take part in the "Hague Rules", "Visby Rules", and "Hamburg Rules"; we customized the "Maritime Law" for ourselves. During the "Rotterdam Rules" drafting, discussion, China has presented lots of ideas and suggestions. The new rules have more innovations than before. If our corporate countries has joined the new rules, we whether or not to join in the new rules, we must to study it, and take any effective actions to keep a good relationship with our corporate countries which have joined.In this article, we will compare the "Peoples’Republic of Maritime Law"(the "Maritime Law") with the "Rotterdam Rules". In Chapter 1,I will introduce the characteristics of the "Rotterdam Rules". It will be introduced from its background, the setting process, and make objective, effective condition and introduction. In Chapter 2, the characteristics of the "Maritime Law" will be introduced, and the history, its aim of legislation enacted and the main content of the description will be described. In Chapter 3, we will compare the lists of the two rules one bye one in order to get a good understanding and we will study the Carrier’s liability system, Reform of the shipper, Transport documents and Electronic transport record, Release the goods without original bill of lading, Volume contract and others, such as jurisdiction and arbitration. We hope to find the reasons that China is not a member of the "Rotterdam Rules" Group and it is a good opportunity for us to review and update our China’s "maritime law".
Keywords/Search Tags:Rotterdam Rules, Carrier, Transport Document, Release the Goods without Original Bill of Lading
PDF Full Text Request
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