Research On Doctrine Of Liability Fixation Of Shipper Of International Maritime Cargo Transportation

In the international shipping conventions and the maritime laws of various countries,the importance of shippers has always lagged behind of carriers.However,as one of the main parts of the sea cargo transportation,it is very important for the judicial practice to study doctrine of liability fixation of shipper.This paper is mainly divided into four chapters to study doctrine of liability fixation of shipper in the international carriage of goods by sea,sum up and summarize the current situation and existing problems of doctrine of liability fixation,and make suggestions on the revision of China's maritime law with reference to the Rotterdam Rules and China's actual situation.The first chapter is an overview about doctrine of liability fixation of shipper.Because there are some problems in the definition of the shipper's subject in our country by copying the provisions of Hamburg Rules,this paper first introduces the definition of the shipper's subject in China's maritime law and international shipping conventions.Then introduces the definition,classification and significance of shippers' liability rule of international maritime cargo transportation.Take responsibility requires carry out obligations so I introduce shipper's obligations in international shipping and shipper's responsibilities which lead to two categories of the shippers' liability rule in international maritime cargo transportation.Two categories are the fault-liability rule and strict liability rule.The second chapter analyzes fault-liability rule,mainly from theoretical basis of fault liability,international maritime conventions and some problems of China's maritime law in practice and application.Chapter three discusses strict liability rule with reference to chapter two.The fourth chapter,we first compare the maritime law of China in shippers' doctrine of liability fixation to the rule of Rotterdam Rules,and draw lessons from it.Then this paper summarizes some results of the previous discussion and makes a subjective evaluation in doctrine of liability fixation of shipper in China's maritime transport.Finally,the author gives some revising suggestion on CMC about doctrine of liability fixation of shipper.