The Research Of The Maritime Performing Party System Of Responsibilities In The "Rotterdam Rules"

With the international maritime transportation has entered a newstage after “the United Nations Convention on Contracts for theInternational Carriage of Goods Wholly or Partly by Sea”(we call it“Rotterdam Rules” in the next text) is signed into force in Rotterdam.,thelaw of international maritime transportation has come in a new time. Infact, many international conventions on transportation exist prior to the"Rotterdam Rules", which came into being so as to adapt the adjustmentrequirement of present practice to international convention with thedevelopment of the times and more and more new situations appearing.Among it, the concept of the maritime performing party was first broughtforward in “Rotterdam Rules”, it resolved lots of issues that were notsettled in uniformity in the past, especially the clear provision for civillegal status of the port operators. This article is mainly about theresearch on the liability system of the maritime performing party. We firstmake its concept clearly defined, obtaining different liabilities fordifferent maritime performing party by typed analysis. At the same time, IInvestigate the new joint liability between the maritime performing party and the carrier. By means of value analysis method, comparative analysisand cost-benefit analysis, this article makes a reasonable analysisconcerning the arrangement of liability system of maritime performingparty in “Rotterdam rules”, concluding that the regulations in the liabilitysystem of maritime performing party is scientific and it brought greatreferential significance for our country. Thus, our country shouldintroduce the concept of a maritime performing party into the futurerevision of “Maritime Law” and modify to a new concept which canadapt our national conditions. Nowadays, the port industry in China israpidly developing, and at last, I will give my views on the managementof the port managers via the convention provisions on the maritimeperforming party.