The Research On The Carrier’s Liability Under Rotterdam Rules

As the core of the legal system in the maritime carriage of goods, the systemof carrier’s liability determines the basic terms and conditions of both cargorisk-sharing and the distribution of benefits, to be called the soul of the law ofthe international maritime carriage of goods. And solving the issue of thecarrier’ s liability is a mission of the international maritime convention.Rotterdam Rules conforms to the development of the international marinetransport. Rotterdam Rules has found a better balance of the interests betweenthe carrier and the shipper. Additionally, it increased responsibility andobligation of the carrier, and made a great adjustment on the basis of thecarrier’s responsibility, the form of the responsibility, the period ofresponsibility of the carrier, the burden of proof, the obligation of theseaworthiness, the delay in delivery and the limits of the carrier’s liability.According to a series of historical changes in the international maritimecarriage of goods and the analysis of its underlying socio-economic factors, thisarticle provides some theories and practices which are relevant to themodification and improvement of Chinese maritime law by combining"Rotterdam Rules", the latest international maritime legislation, as well asChinese national conditions. The final section is mainly about the author’sconclusion on the tendency of the international legislation system of carriage ofgoods by sea, simply analyzing the choices of China on Rotterdam Rules,providing suggestions on amending China Maritime Code, absorbing the valueof Rotterdam Rules, thereby fully getting the advantages of this rule, andfinally making the legal system of the carrier under Rotterdam Rules become asignificant guideline for China.The paper is divided into four chapters.The first chapter applied the method of comparative analysis and historicalanalysis, to analyse the legal issues on the development of international ocean carrier liability regime. Firstly, it defined the legal meaning of theresponsibilities of the international ocean carrier. Additionally, it discusses thearchitecture of the international ocean carrier liability regime from the statusquo of the liability of The Carrier System of International Maritime CargoTransport Legislation, specifically highlighting the carrier’s responsibility inthe Hague Rules, Visby the provisions of the rules and the Hamburg Rules.The second chapter discussed the build of the carrier’s responsibility systemunder "Rotterdam Rules", including the historical evolution of the doctrine ofliability fixation, the expressly modified to the burden of proof, the increasedobligations of management of goods, the adjustment of seaworthinessobligation and the changes in nautical fault. Finally, we discussed the changesin the period of responsibility of the carrier and the development of carrier’sliability.The third chapter focused on the pros and cons of the responsibility of thecarrier system under Rotterdam Rules, and made some comments on the basisof liability, the freedom of contract，as well as the period of responsibilitywhich is extended to the reasonability of "door to door".The fourth chapter is specifically relevant to the advanced legislativeconcepts and system from Rotterdam Rules, particularly discussing the effectsof carrier’s responsibility in Rotterdam Rules towards China. Moreover, itprovides suggestions of revising China Maritime Code on the basis ofanalyzing Chinese legislation system of carriage of goods by sea.