A Study On Shipper’s Right Of Suit In International Carriage Of Goods By Sea

The thesis is focus on shipper’s right of suit in carriage of goods by sea.From the view of point of rationality and practicality, the thesis expounds origin and solution for shipper’s right of suit through analysis of shipper’s right of suit about legislation and relative theory from China to foreign countries. With support of scientific theory, the viable and practical solution and consultative opinion for future CMC of shipper is raised.Based on theory analysis of practicality, the thesis elucidates shipper’s right of suit comprehensively through comparative study and pays more attention to relationship about ideality and reality and value of transport activity.The thesis is composed of two parts, namely main body and conclusion. The three chapters of main body are as follows:Chapter one introduces shipper and its right of suit, and the trouble of practicality because of CMC definition of "shipper", coming up with discussion about shipper’s right of suit from all circles.Chapter two is about comparison of shipper’s right of suit among England, USA and draft of Rotterdam rules, and what we can benefit from them, so as to improve our own law system.In Chapter three, with typical cases, different views of justices and scholars are presented and analyzed in our current regime of law. The author discusses the right of suit to bring an action in tort and in contract after bill of lading is transferred or in hand of a shipper.The conclusion is about the suggestion of shipper’s right of suit for CMC’ modification in the future based on above discussions.