Research On The Serviceability Of Conventions On Carriage Of Goods By Sea

In the process of elaboration the convention on carriage of goods by sea,the makers are always full of longing for its uniform effect,and the world is also essentially desire the unity.However,when the impact between theory and reality occurs,Serviceability problems are often the hardest to be avoided.And this paper is precisely standing on the user’s perspective of conventions,from the theoretical and practical study the author aims to analyze the serviceability of the Conventions.This paper lists three major factors which obstacles the unity of international conventions. First,since the conventions are always the product of big-power politics,when we talk about a single country situation,no country can completely accept all the terms of the convention. Second,the complexity of the convention obstacles its acceptance,according to the author’s research,the more complex the convention is,the more terms the convention involved,the lower chance the convention been accepted.On the other side,the simpler,principle terms of convention are easily accepted.Third,conflict of laws in conventions,which contains conflict of laws between different conventions,conflict of laws between convention and other transport conventions,and conflict of laws between conventions and domestic law.The author chose some representative terms from four conventions to analyze the serviceability of different conventions.including principle of contractual freedom,period of responsibility and limits of liability of Hague-Visby Rules;Basis of liability,Actual carrier and period of responsibility of Hamburg Rules.It should be noted that,in order to highlight the innovation of the Rotterdam Rules and the restrictions of length,the author did not choose the relatively regular terms to analyze,but did some special research on the innovation of the Rotterdam Rules,including volume contracts,delivery of goods without original bill of lading and maritime performing parties.As the Rotterdam Rules has not been taken effect yet,the author specially analyzes some limitations for Rotterdam Rules to take effect.