The Legal Status And The Recognition On NVOCC

Following the change of the maritime cargo transport mode and theintermodal flourish, NVOCC also accompanied emerged. At the beginning,fromgeneration the NVOCC has inextricably linked with freight forwarders and othercargo body, and the business scope has been crossed, and in practice NVOCClegal status are not very clear, resulting in a non-vessel carrier and freightforwarder, international multimodal transport operators, ocean common carriersand so on,the situation of these main mutual confusion each other, and becausethe ambiguous of the identity results in that it’s difficult to resolve dispute how todetermine the liability and it’s hard to draw the rights and obligations, even causecases of suspension. Therefore, the presence of such an independent body hasbecome a real problem that requires theoretical circles and the judiciary focus,need to establish its legal status.This paper use the standard analysis methodwhich is focused on "Rotterdam Rules" as a study text by analyzing basicquestions on NVOCC, focusing on analysis the NVOCC’s rights and obligationsunder the new rules and obligations and responsibilities, making NVOCCpractitioners are better able to adapt to the new law, conform to the trend oflegislation, remain rational manner and improve their own business inaccordance with new regulations, and only if a full understanding of theprovisions of the provisions can be weighed.First, this Article choose the controversy of whether the NVOCC exists as aseparate entry point papers, presented that since most countries do not given theNVOCC the shipping participating subject’s status such as legislation clearlydefined, on the basis of analysis of the NVOCC connotation and basic properties,noting that an accurate the understanding of the legal status of such a body isvery important, it is both theoretical and practical problems to be solved.Secondly, to explore the NVOCC and other maritime respective main businessscope, business forms and characteristics, will focus on analyzing the similaritiesand differences of their rights and obligations, to sort out the dialecticalrelationship between them. Third,"Rotterdam Rules" was released in a certainextent impact to NVOCC impact, which is mainly reflected in the carrier’sliability and the rights, obligations, transport documents, limitation of liability, proposed delivery of goods, cargo control over these new concepts. Finally,NVOCC emphatically analyzed under the provisions of the new rights,obligations and responsibilities, and their changes.Through the analysis, I have these conclusions:NVOCC departs frominternational cargo agents in the isolated, is different from previous internationalfreight forwarder, NVOCC development has already become a kind of maritimeindependent cargo body, which has its own rights, obligations andresponsibilities. Although such main body also exist many problems indevelopment, but with the improvement of maritime laws and regulations,NVOCC system would trend toward more perfect.