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Recognizing the Responsibility of the Carrier in International Maritime Transport of Containers

Author: PanHui
Tutor: CaiGaoQiang
School: Xiangtan University
Course: Legal
Keywords: Ocean carriers Container Liability Maritime Law
CLC: D996.19
Type: Master's thesis
Year: 2009
Downloads: 82
Quote: 1
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Abstract


From the sixties of the last century, due to the superiority of the container transport, maritime transport-led international container transportation has developed rapidly, but the contrast the relevant norms container transport legislation can not adapt to the development of the international container shipping. In recent years, the Marine trial practice under the contract of carriage of goods by sea container cargo damage compensation disputes more and more, mainly to fulfill the carrier as the party of the contract of carriage and international maritime container transportation business, and often become a maritime trial cargo damage compensation disputes in the subject of litigation. Therefore, the international maritime container transport carrier and its the responsibility identification is an important practical issue. Container shipping carriers, including specialized in maritime container transport contract carrier and the actual carrier. In practice, the freight forwarder, NVOCC, ocean common transport people often beyond the scope of its own name, engaged in contract carrier and the actual carrier business. LCL, the the different shippers of goods is by CFS (Container Freight Station) integrated loaded in the same container provided by the actual carrier, this time consignors may contract with the freight forwarding freight forwarding to the carrier to take delivery obligations, or shippers through NVOCC maritime transport while he has not really come into contact with the actual carrier, want to confirm it occurred cargo damage, delays or hidden damage when the liability of the carrier, it must be based on the actual transport relations Maritime freight people management practices to determine NVOCC, ocean-going public transport is a real contract carrier and the actual carrier and bear the corresponding responsibility. LCL transfer of container shipping, cargo owners - contract carrier - the actual carrier - consignee mode for basic transportation mode, other modes in clear the freight people management people, the true identity of the NVOCC, ocean transport people can be attributed to this mode. The FCL mainly the problem of hidden damage, the damage is more difficult to determine the responsible party, consignees and shippers often blame on to the carrier, the carrier at a disadvantage in the defense. Goods in practice by shippers packing into the cabinet, however, the carrier would be difficult to cargo verification check carrier To avoid malicious damage to a third party shippers fraud or navigational process can be by endorsement form clear with the end of its obligations should be, to avoid legal responsibility.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
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