Research On The Carrier’s Seaworthiness Obligation In"the Rotterdam Rules"

From the beginning, seaworthiness obligation is the unique and important legal concept of Maritime Law. With the changes in history, the implication of seaworthiness obligation developed and changed continuously. It was the historical heritage that The Rotterdam Rules canceled the nautical fault exemption, however, it kept the concept of seaworthiness obligation. Based on the historical evolution of seaworthiness, the essay analyzes the new development of seaworthiness obligation in The Rotterdam Rules, and makes the brief comment on various impact that the new development makes on carriers and some measures that carriers take.In the first part, the essay briefly describes and analyzes the several understandings of seaworthiness obligation from the theoretical circles, introduces the definition of seaworthiness obligation from the concept of narrow sense and generalized of seaworthiness, and the concept of relative and absolute of seaworthiness, and combs the historical evolution of seaworthiness.In the second part, the essay elaborates the full range of seaworthiness obligation in The Rotterdam Rules from seaworthiness impact of causality time, content, standards, loss, and causal relationship between seaworthiness, and explores the differences from the present seaworthiness system in order to provide the reference for the following analysis of the impact of the carrier and response measures.In the third part, the essay analyzes the rationality of seaworthiness obligation about carriers in The Rotterdam Rules in terms of the development trend of sea carriers, the balance the interests of both sides of cargo and the seaworthiness obligation that carriers are urged to perform strictly to expound the positive impact of seaworthiness obligation. Meanwhile, the essay analyzes the new changes of seaworthiness obligation in The Rotterdam Rules that brings practical impact on carriers and shipping industry so as to lead to carriers’ response measures.In the last part, the essay analyzes relevant countermeasures of carriers, shipping industry and legislators in our country from the aspects of allocation of burden of proof, application of exception clause and disclaimers apply, and determination of airworthiness standards, and tries to put forward valuable suggestions for relevant industry.