The Research Of The Carrier’s Obligations And Responsibilities Under The Rotterdam Rules

This article studies the new regulations of obligations and responsibilities of the carrier under The Rotterdam Rules, such as the extension of the carrier’s seaworthiness obligation, the transportation of door to door, the provision of shipping performance party, then, prospectes the possible results when this convention takes effect, and analyzes the changes in the rights and obligations of the carrier and the consignor. The purpose of this article is to suggest what should the carrier and the consignor prepare and how could we do to make Chinese shipping industry adapt The Rotterdam Rules in the future. Through several case studies and analysis of several sets of data, the possible results can be clearly showed, and then, it can be concluded that, although the carrier’s obligations and responsibilities under The Rotterdam Rules will be increased, for example, repeals navigational fault exemption, provides full seaworthiness obligation of the carrier, the convention increases the consignor’s burden of proof in order to balance the rights and obligations of both sides. To adapt The Rotterdam Rules, both sides need to focus on the preservation of the evidence and the protection of their own interests, and the carrier can also transfer the tube stock obligations by contract to other people. Besides, Chinese maritime law should be revised to make the carrier and the consignor more receptive to The Rotterdam Rules by repealing navigational fault exemption, introducing the principle of freedom of contract, unifing of applicable law of the coastal and inland and sea transportation, clearing the seaworthiness standards, introducing limitedly shipping performance party.The first part and the second part of the article presente the new provisions of the carrier’s obligations and responsibilities under The Rotterdam Rules, compared with The Hague Rules and The Hamburg Rules. This part mainly introduce the new provisions with some views of author; The third part is the key part of this article which analyzes some big changes, through several case studies and analysis of several sets of data, author studies these questions on the pros and cons of both carrier and consignor, then, provides some suggestions. The fourth part discusses positive influences and negative influences of The Rotterdam Rules to our country’s shipping industry in the future, and pointes out what Chinese maritime law can learn from The Rotterdam Rules.