Study On Shipper's Remedies After The Transfer Of Bill Of Lading In Chinese And English Comparative Perspective

This paper firstly analyzes the effect of different regulations on the effect of the transfer of the bill of lading on shipper's relief under the laws of China and Britain.Then it illustrates some cases where the shipper still needs to get the corresponding relief after the transfer of the bill of lading.Secondly,this paper expounds the remedies of the above situations in detail.The remedies include the return of the bill of lading,the transfer of the right of suit,special claim on behalf of the shipper provided by Carriage of Goods Act 1992,the shipper's method when he is the charterer under the voyage charter.In the judicial practice of China,the remedied include the return of the bill of lading,the transfer of the right of suit,the shipper's method when he is the charterer under the voyage charter and the way where the shipper may claim for compensation based on the contract of carriage of goods.On the basis of comparing the actual effect of the remedies in two countries,it is concluded that the independence of relief should be considered in order to improve the remedy of the shipper.Next,this paper analyzes the ample non-contractual remedies under the British law and judges the applicable space and conditions for the non-contractual remedies such as the shipper suing in negligence of the carrier,suing in conversion of the carrier and suing the carrier for breach of duty of bailment after the transfer of the bill of lading.In this paper,the author compares the existing non-contractual methods in Chinese law,that is,the tort relief methods,and analyzes the application of the shipper's tort relief methods where damage and loss of goods happen and where the carrier releases goods without the original bill of lading under Chinese law.After comparing the characteristics and differences of the relief methods under the non-contract legal relationship between the two countries,it is concluded that when the relevant laws in China shall specify that the shipper is entitled to tort relief,attention should be paid to avoid the unfair consequences caused by choose of different lawsuits.At last,this paper puts forward some suggestions on how to improve shipper's remedy after the transfer of the bill of lading.This paper demonstrates that the shipper can still get relief under the contract of carriage of goods by sea after the transfer of the bill of lading,and analyzes the practical effect it may have on the parties concerned.To the problem of the consent of the choice of applicable law in tort relief,the author considers to affirm the effectiveness of the agreement of choice of law made in the contract in tort relief and to restrict the abuse of the choice of law by introducing the mandatory norm.