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A Study On Carrier’s Obligation Under The Rotterdam Rules

Posted on:2013-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:W H YueFull Text:PDF
GTID:2246330395952258Subject:Law
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Since ancient times, due to the special risks in the navigation industry, the ocean carrier liability system has always been the foundation and core of the legal system of the international carriage of goods by sea. After centuries of development of the shipping practice, the ocean carrier liability system has formed its unique characteristics. The "Rotterdam Rules" is the efforts made in seeking the unification of international trade and transport laws under the pattern of ever-deepening development in the world economic globalization, international economy and trade, and diversification trend in international shipping. In this paper, documentary research method, historical research method, comparative study, and balancing of interests approach etc. are applied, the process of historical development and the development trends of carrier liability system are analyzed and discussed and the ocean carrier liability system in the "Rotterdam Rules" is studied and evaluated in an attempt to reach better understandings and application of the "Rotterdam Rules" in practice and put forward amendments to the China’s Maritime Law in combination with the realistic needs of the development of China’s shipping industry and international seaborne trade.This paper is divided into three parts of introduction, body, and conclusion, among which the body part consists of the following four chapters.The first chapter is an overview of the international ocean carrier liability system, introducing the definition of the international ocean carrier, and the historical process of the ocean carrier liability system in the Convention on International Maritime Traffic before the advent of the "Rotterdam Rules" as well as the new developments in this system under the "Rotterdam Rules".The second chapter is the main contents of the carrier responsibilities in the "Rotterdam Rules", mainly presenting and analyzing carrier’s period of responsibility, relief cases, primary obligation and liability limits and briefly summarizing the new developments of the ocean carrier liability system under "Rotterdam Rules".The third chapter is about the carrier’s obligations in the "Rotterdam era". Rotterdam rules, once becoming effective in the future, is bound to bring significant impact on the international shipping industry, so it is of great practical significance to analyze the changes of carrier liability system in the "Rotterdam era" in practice.The fourth chapter is about the provisions and improvements on the ocean carrier liability system in China’s "Maritime Law". By comparing the carrier liability system in "Maritime Law" and that in the "Rotterdam Rules", this chapter analyzes China’s countermeasures for "Rotterdam Rules" and tries to put forward the amendments to China’s "Maritime Law" on the carrier liability system.The conclusion part is the overall evaluation of the carrier liability system in "Rotterdam Rules", holding that the "Rotterdam Rules" conforms to the practical needs of the shipping practice in general, which is epochal, innovative and systematic, reflecting a new spirit of the legislation in international shipping. China should add in the "Rotterdam Rules" properly after careful studies and scientific research.
Keywords/Search Tags:"Rotterdam Rules", carrier liability, Convention on InternationalMaritime Traffic, "Maritime Law"
PDF Full Text Request
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