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Study on Carrier’s Liability under Rotterdam Rules

Author: WuJianHong
Tutor: YuYangZuo
School: East China University of Science and Technology
Course: International Law
Keywords: carrier’s period of responsibility statutory obligations basis of responsibility limitation of liability
CLC: D996.19
Type: Master's thesis
Year: 2012
Downloads: 316
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Abstract


This paper will analyze and evaluate the liability system of carrier in "Rotterdam Rules" from four aspects:the period of responsibility, the basis of responsibility, statutory obligation and limitation of liability. In such way thus we can understand the "Rotterdam rules" correctly, improve and perfect the legislation of the carriage of goods in China.This paper is divided into three parts which includes the introduction, the main body and the conclusion.The introduction part provides the research background of this paper, identification of relevant concepts and research approaches as well as the significance.The main body consists of five chapters.The first chapter studies the structure of liability system of carrier in "Rotterdam Rules" from the following three aspects:the outline of the liability system of carrier in "Rotterdam Rules"; the character of the liability system of carrier in "Rotterdam Rules" and evaluating the value of the liability system of carrier in "Rotterdam Rules".The second chapter discusses the change in the period of responsibility and is divided into four parts, including the development of period of responsibility; the related provisions in "Rotterdam Rules"; the relationship between the period of responsibility, period of contract and care of cargo; defect and perfect of the period of responsibility in Maritime law of China.The third chapter studies the change of statutory obligations in "Rotterdam Rules". It covers four parts. It provides the trend of development of the obligation of due diligence and care of cargo in Maritime law of China.The fourth chapter discusses the change of basis of responsibility from three aspects, including the principle of responsibility, exemption of navigation default and burden of proof.The fifth chapter studies the change of limitation of liability. It provides the impact of the rules to the related provisions in Maritime Law of China.In the end, the author summarizes the trend of making international conventions on the carriage of goods by sea.

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