The Obligations And Liabilities Between Carriers And Shippers For Carriage Of Dangerous Goods By Sea

Since 2013, China has become the world's biggest trading economy as well as one of the foremost leaders of maritime transportation. The growth of the China maritime transportation has direct contact with the healthy development of shipping business. Although maritime transportation is blooming in those days, the dangerous cargo, which is an important and indispensable part of the world's maritime transportation, has drawn wide attention from the maritime transportation industry and maritime legal communities because of its specialties include the dangerousness of the cargos and specialties of the marine environment and the different regulations has been made by the international convention and domestic law.This paper, based on comparative analysis, demonstration analysis, and other research methods, analyzes the special rights, obligations, and liabilities of both shippers and carriers of maritime transportation of dangerous cargo by addressing the legislations of maritime transportation of dangerous cargo and referring the special and general provisions of three international conventions(Hague Rules, Hamburg Rules, and Rotterdam Rules) and the advanced legislations and authoritative judicial precedents of some countries with developed shipping industry. Additionally, the deficiencies of current Chinese legislations in this area are discussed, and several amendments are proposed.This paper is made up of four chapters. Chapter one introduces the definition of dangerous cargo and shipper and carrier and discusses current status and trends of the legislations of maritime transportation of dangerous cargo by comparing the corresponding contents from international conventions and legislations of multiple countries.In chapter two, the related legislations and provisions of the shippers and carriers of the maritime dangerous cargo are comprehensively presented. Shipper's and carriers' special obligations, especially the notification obligation of the shippers', have been discussed. In addition, some suggestions are provided after comparing international conventions and Chinese “Maritime Law”.In chapter three, the shippers' and carrier's doctrine of liability fixation and special liabilities in the maritime transportation of dangerous cargo are investigated. The brief analyses of the difference between actual carrier and carrier are also included.In Chapter four, amendments for Chines “Maritime Law”, including some new opinions and legal suggestions regarding the obligations and liabilities of both shippers and carriers, are proposed.The author sincerely hopes that research presented will help to balance the benefits of both shippers and carriers, rationalize their obligations and liabilities, improve safety, and finally prompt the sustainable and healthy development of the maritime transportation of dangerous cargo in China.