The Volume Contract Under The Rotterdam Rules

The Volume contract is a new contract of carriage of goods by sea, with the continuous development of international maritime cargo transport operations arising from the carrier and the shipper parties according to their needs, through free negotiations entered into by the carrier responsible for the shipper The specific number of goods shipped in batches within the agreed time, freight and other charges paid to the carrier the contract of carriage shipper accordance with the contract. Compared with the traditional volume contract contract of carriage of goods by sea, the carrier may get a stable supply and income, the shipper can get fixed accommodation and preferential tariffs, this advantage makes the contract by both parties supporting batch of welcome, gradually prevailed in the field of international maritime cargo transport contract. Innovation, "the United Nations Convention on Contracts for the whole or part of the international transport of goods by sea"(hereinafter referred to as "Rotterdam Rules" or the Convention) is the volume contracts in their range of adjustment for volume contracts related legal system to be at the level of the International Convention for the carriage of goods clear, while introducing innovations volume contracts that the principle of freedom of contract system, which is the most important part.Firstly, the analysis generated from the definition and the legal nature of the basic theory of volume contracts, and contracts with other batches of similar contract of carriage by comparing the volume contract from the macro to have a preliminary understanding. Then, this paper analyzes the focus of the "Rotterdam Rules" in the special rules for volume contracts, the rule gives more adequate quantities of the contracting parties freedom of contract, which is the International Convention on Maritime Transportation in the past restricted the principle of freedom of the traditional rules of a contract a major breakthrough. Thereafter, the paper on the protection of third parties and the court’s jurisdiction and other legal issues related to the volume contract caused great controversy discussed for a better understanding of this new volume contract contract of carriage of goods by sea. Finally, based on the status of the batch blank contracts are contracts of carriage of goods by sea and China’s relevant legislation, I suggest that in the revision of "maritime law" in Chapter4, "contract of carriage of goods by sea" in the section of a single set of volume contracts for special regulations. Learn from the practice "Rotterdam Rules", giving the parties to volume contracts more adequate freedom of contract, in addition to obligations relating to the public interest does not permit the parties agree to derogate, other matters related to the volume contract negotiations between the parties concerned to allow the relevant provisions of the law only when there are no stipulations or no agreement to the contrary to apply.