Studies On The Right Of Control In International Carriage Of Goods Carried By Sea From The Angle Of The "Rotterdam Rules"

The history of right of control as a legal concept of a maritime transportis not long. The fundamental purpose of right of control is to protectthe seller in the trade and to keep the balance of interests. Right ofcontrol reflects the international trading regulations to the penetrationof the field of maritime transport of the goods. Formally signed inDecember2008, the Rotterdam rules try to make a clear system constructby a form of a special chapter.In practice, to establish the system of right of control is necessary.In past the bill of lading system as the basic convention of theinternational transport practice plays a major role in contemporaryinternational trade. As the shipping speed accelerating and theelectronic documents being used, the bill of lading in the traditionalsense can not meet the needs. The Right of Control in InternationalCarriage of Goods Carried by sea it is in this context came into being.At present, Chinese scholars is still controversial about the nature,content, the subject and other basic problem of the right of control. After the introduction of the "Rotterdam Rules", scholars have repeatedlycalled on to modify the current Maritime, but it is no substantial progressuntil the time of this writing. This paper attempts to compare the rightof control over its similar concept, to research and analysis on the Rightof Control over the provisions in the "Rotterdam Rules”, and to combinedit with the status quo of China’s legislative suggestions to make modestrevision of China Maritime.The paper is divided into three parts of the introduction, body andconclusion. The body can be divided into four parts, including:The first chapter starts from the concept and nature of the right ofcontrol and analyzes the basic theory, the causes and the current statusquo of international legislation about it.The second chapter is to compare the right of control with the right tostoppage in transit, then to clarify the center of gravity and advantageson the right of control.Chapter three is about the system constructed on the right of control inthe perspective of the Rotterdam Rules, including obligations of theprincipal, the exercise of rule and the existence of the period. Combinedwith the practice in China, Chapter three also analyzes the special issueon right of control under FOB terms.Chapter four analyzes the necessity and feasibility of bring the rightof control into Chinese legislation, and gives some recommendations aboutit.