On Right Of Control Under The Rotterdam Rules And Its Enlightenment To China

The United Nations General Assembly adopted the "Convention of Contracts forthe International Carrying of Goods Wholly or Partly by Sea" On11December2008,referred to as the "Rotterdam Rules". Compared with the three previous conventionon Carriage of goods by sea, which are The Hague rules, The Hague-Visby rules andthe Hamburg rules, the "Rotterdam Rules" creates some new concepts and systems,the relevant provisions on Right of Control is one of the most innovative and mostcontroversial content. Right of Control is an important right in the transport law, the"Rotterdam Rules" formulate it systematically and completely. The establishment ofRight of Control system contributes to a reasonable convergence and coordinationbetween the transport contract and the business contract, and it also conforms to thedevelopment trends that the way of the international trade becomes electronically.Therefore, it is valuable to have a research on this right.The paper is consisted of three parts, which are the introduction, the body and theconclusion. The body part is divided into four chapters to research and discuss Rightof Control system.Part one: the basic theory of Right of Control. In this section, the writer startfrom the status quo of the legislation on Right of Control system in the existinginternational conventions and the domestic law first, combined with the relevantprovisions of the "Rotterdam Rules", summarizes the concept of Right of Control.Then from the theory, analyzes the nature of Right of Control，and conclude that:Right of Control is creditor’s rights and right of formation. This section also comparesRight of Control and Stoppage in Transit, from the aspects of theoretical source,subject, content, exercise conditions and purpose to discriminate. Finally, discussesthe system value of Right of Control on the coordination between the businesscontract and the transport contract, as well as in promoting the development trends that the way of the international trade becomes electronically.Part two: the subject of Right of Control. Combined with the relevant provisionsof the "Rotterdam Rules", chiefly introduces the subject of Right of Control.According to the different nature of the transport documents which are issued,respectively describes the identification of the subject and the rules on transfer ofRight of Control. On the subject of obligation, the section focus on discussingwhether the performing party can become the main subject of obligation of Right ofControl.Part three: the content and exercise of Right of Control. In this section, the writeranalyzes the content of Right of Control from three aspects, which are the delivery ofgoods and change directions, change the destination port, change the consignee. Atthe same time, this section also discusses the exercise conditions and modalities.Part four: the enlightenment of Right of Control to our country. In this section,the writer first sort out the legislative status quo in our country on Right of Control,and points out the limitation of the legal system for Right of Control in our country,the problems and the embarrassing situation which causes in practice. Secondly,theoretically analyzes the necessity and feasibility of establishing the system of Rightof Control in our country. Then, the writer selects the representative nations’provisions about Right of Control from the common law and the civil law, that is theStoppage in Transit in the "Uniform Commercial Code" of United States, and thedisposition right of the goods in the "German Commercial Code", analyzes theconstruction of the right, and summaries the advantages that we can learn from them.Finally, on the base of the "Rotterdam Rules", combined with the advanced legislationof the relevant countries, aim at the particularity of the transport of goods by sea, andfocus on the existing legislation and maritime practice in our country, providesuggestions for establishing the system of Right of Control in our country.