A Research On Rules Of Delivery Of Goods In The Rotterdam Rules

Delivery of the goods is the last but not the least part of international carriage of goods by sea, which is related to realize the contract of international trader and finish the obligation of the carrier by sea. But there are very few scattered rules about delivery of goods in nowadays’ diversified conventions of international carriage of goods by sea, and there are blank about some important issues, without which leads a big mass in judicial practice. As the high speed development about international carriage of goods by sea and the revolution in related technology, recent years, we are facing a lot of challenge about delivery of the goods led by lack of related legal institution, in which delivery of goods without original bill of lading and subject taking delivery of goods are outstanding. In the economic globalization days, those challenges of delivery of goods have been the major obstacle in international trading, which would hamper the international trade.the Rotterdam Rules, as a significant institution in international carriage of goods by sea recently, is the first comprehensive and systematical provision about delivery of the goods, which made a classification of the delivery rules in five parts as: the consignees’ obligation in delivery of goods, the rights of carriers in delivery of goods, the delivery rules under diversity transport documents, the process modes while the goods still not deliver, the legal regulating of the delayed delivery. That provided a rule for practice and a solution for those challenges. In the meantime, the Rotterdam Rules made some solutions for the issues about delivery of goods without original bill of lading and subject taking delivery of goods. That make it possible that the main issues about delivery of the goods can be solved through the Rotterdam Rules. Furthermore, those rules are not the components as control rights, transfer of rights,maritime performing party, etc. But it can be helpful for delivering the goods and solving the issues of delivery of the goods, which means that the Rotterdam Rules consist a complement system for delivery of goods.the Maritime Code of PRC and some other provisions are mainly applied for the application of the bill of lading, cargo loss or damage, delay in delivery, and they lack of practical utility, so they cannot solve the issues of delivery the goods or fit for the development of maritime practice. the Rotterdam Roles is a good sample for amending the Maritime Code of PRC. Widely surveyed and studied and fully proved, combined our nation situation, referring and taking the experience from the Rotterdam Rules, we can build a complete system of the delivery of goods, from which will benefit we Chinese judicial practice.My article is located on the ninth article of the Rotterdam Rules and many other provision about the international carriage of goods by sea, combining the actual cases about the delivery of goods in international carriage of goods by sea, to study this issue. There are four parts except for the introduction and summary, about 30,000 words.The first part, the summary about the basic issues of the delivery of goods, described the basic issues about delivery of the goods. Firstly I have clarified the contents of delivery,delivery of the goods; and then I have summarized the obligations of carriers and the rights of consignee; finally, I researched the provision of Hague-Visby Rules and Hamburg Rules about delivery of the goods, and problems in those conditions.The second part,the construction of the delivery of goods in the Rotterdam Rules, combined with the Rotterdam Rules, I have chose “optional consignee obligation”, “protective rights of carrier”, “delivery procedure under different documents”, “the legal regulating of the delay in delivery ” those four part to study the design of the rules of delivery of goods in the Rotterdam Rules. Though which to find the creativity and positive, at the same time, to find the shortage of the Rotterdam Rules and understand the whole provision of the delivery of goods in the Rotterdam Rules.The third part,the solution about the problems of the delivery of goods in the Rotterdam Rules,I summarized present problems of delivery of goods. the Rotterdam Rules had provided some solutions for “the problems of delivery of goods without original bill of lading ” and “the problems of subject taking delivery of goods”. So, I was studying the feasibility and maneuverability of the Rotterdam Rules combined the past years’ judicial cases of China.The fourth part analyzed the shortage of Chinese devolution of carriage of goods by sea, compared to the Rotterdam Rules, I offered some proposals to amending the Maritime Code of PRC, which would build a complement legal system of the delivery of goods and hoped to be helpful for judicial practice.