Research On The Jurisdiction Of The Rotterdam Rules

Chapter 14 of the Rotterdam Rules provides for international maritime litigation jurisdiction,and many of them are innovative institutional arrangements.Although there is no intention to join the Rotterdam Rules in China,it is of significance to study the jurisdiction rules of the convention to consummate China's maritime legislation.Therefore,based on the legislative minutes and session reports of the Rotterdam Rules,the article analyzes and studies the jurisdiction rules of the convention,and makes a comment on the jurisdiction provisions.On this basis,this article also discusses the jurisdiction provisions' influences on maritime jurisprudence in China,and puts forward some advices.The article can be divided into three parts,introduction,body and conclusion,in which the body consists five chapters reads as follows:Chapter one outlines the provisions of the international maritime convention on the jurisdiction of international maritime litigation.The article mainly explains the legislative trend of Jurisdiction of international convention on the carriage of goods by sea from the historical dimension.The purpose of regulating the jurisdiction is to realize the unity of international maritime litigation jurisdiction and prevent the parties forum shopping.Chapter two discusses the claimant choosing the competent courts.Firstly,the article discusses the factors that the Rotterdam Rules considered in establishing the competent courts,and then points out that existing an objective link between the competent courts and the transport contract,balancing the interests of the parties and coordinating the jurisdiction of courts is the condition restricting the claimant's choice of jurisdiction.Secondly,makes a comment on the provisions of the convention concerning the above content and points out its advantages and shortcomings.Chapter three discusses the parties agreeing to choose competent courts.Firstly,the article analyzes the jurisdiction agreements of the Rotterdam Rules,classifies into three categories of the jurisdiction agreements,mostly discusses the validity of the exclusive jurisdiction agreement and discusses the conditions that the exclusive jurisdiction agreement needs to be satisfied to the parties and the third party.Secondly,this chapter makes a comment on choice of court agreements.Chapter four analyzes the other rules relating to jurisdiction in the Rotterdam Rules,including the rules of conduct of non-substantive jurisdiction(procedural matters jurisdiction with regard to provisional and protective measures etc.)and the rules of recognition and enforcement,and makes a brief assessment of the relevant provisions.Chapter five considers on the influence of Rotterdam Rules jurisdiction on China's maritime judicature.The article analyzes the differences between the jurisdiction of the Rotterdam Rules and the jurisdiction of the maritime litigation in China and its impact on the maritime judicial affairs in China,and puts forward suggestions on consummating the domestic maritime legislation and improving the level of maritime judicial organs.