The Analysis Of Jurisdiction Rules Of Volume Contracts In The Rotterdam Rules

This paper makes a detailed explanation and analysis of the jurisdiction rules of volume contracts in the Rotterdam Rules.The shippers and the carriers have the right to choose a competent court or courts.The court will be exclusive for disputes between the parties of the contract if the contracts meet the provisions of Convention.And the third parties of the volume contracts may be bound by jurisdiction clause in the contract.The jurisdiction rules for the parties of the contract is reasonable and indispensable.The jurisdiction rules for the third party of the contracts break the contract relativity and may be unfair to the third parties.The rules has a positive impact on China's judicial practice and judicial sovereignty.We should learn from the provisions of convention to improve our judicial practice,especially the problem of the jurisdiction clause in bill of landing.To protect the third parties of volume contracts,China should increase the provisions:unless expressly agreed by the third parties,the third parties should not be subject to the provisions of the jurisdiction clause in the volume contracts.Except for the introduction part,this paper is divided into four chapters:The first chapter introduces the development of the jurisdiction rules in the international legislation of carriage of goods by sea,including the jurisdiction rules before the Hamburg Rules,jurisdiction rules in the Hamburg Rules,jurisdiction rules in the Rotterdam Rules.The second chapter explains the jurisdiction rules of volume contracts in the Rotterdam Rules in detail,including the establishment and content of the jurisdiction rules of volume contracts.The third chapter analyzes the jurisdiction rules of volume contracts,including the rationality analysis of paragraph 1 and 2 of article 67.The fourth chapter analyzes the influence of jurisdiction rules of volume contracts in the Rotterdam Rules,including the influence on China's judicial practice and judicial sovereignty,and suggests that we should improve our judicial practice by referring the provisions of the Convention.