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Legal Status of International Freight Forwarder

Author: ZhaoYiBing
Tutor: WeiJingJian
School: Jilin University
Course: International Law
Keywords: International freight forwarder Legal Status Proxy NVOCC Multimodal transport operator
CLC: D996.1
Type: Master's thesis
Year: 2011
Downloads: 93
Quote: 0
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Abstract


International freight forwarding industry practice in international trade generated an industry, with the development of international trade, international freight forwarding industry has evolved from the traditional client only on behalf of transport, customs development can operate multimodal transport operations, issue its own bill of lading, only as an agent by the traditionally developed as an NVOCC, multimodal transport operators and third-party logistics operators. International freight agent of diversity makes identifying it in the implementation of the identity of a particular transaction has become a problem, and correctly identified as agent for international freight international freight forwarder for determining the rights, duties, responsibilities and has important significance. This paper is divided into five parts: The first chapter is an international freight forwarder overview. First introduced the international definition of the international freight forwarders and international freight forwarder defined evolution clarified with the development of international freight forwarders, and now if we use the \. International freight forwarders and then clarified causes of the problem identification and research significance of this issue, the conclusion is to explore the identity of the international freight forwarder international freight forwarder for determining the rights, duties, responsibilities of great significance. The second chapter uses examples and induction, trying to determine the actual case to conclude international freight agent should consider several factors. In the first case, we can see the judgments of international freight forwarder is not a simple matter, and comprehensive analysis of a variety of situations, in order to draw the right conclusions. In the second case, the situation becomes more complex, international freight agents and others signed multiple contracts affect each other, then a contract can not be analyzed separately, but to a comprehensive analysis of the content of the contract and the signing of several processes, clarify the circumstances surrounding the whole thing, can the true identity of international freight forwarder to make the right judgments. Chapter III classification using the methods discussed in the accurate identification of international freight forwarders identity, are discussed as an international freight forwarder agents and independent business person's rights, duties, responsibilities, as independent business people can be divided into NVOCC, multimodal transport operator, warehouse custodians, mixed operators. Chapter IV from a new perspective of the international freight forwarder as the legal status of declarant. With a declaration qualified international freight forwarder customs operations can be performed, the declaration on the one hand is an international freight forwarder agency one of the things, this time between the principal international freight forwarder is the legal relationship between equal subjects, by the civil law adjustment; the other hand, is an international freight forwarder declaration to the customs authorities as to declare national activities, this time an international freight forwarder and customs of inequality arising between the legal relationship between the body, subject to administrative and criminal adjustment of the law. International freight forwarder in carrying out such activities rise to two legal relationship, then the legal status of international freight forwarder confusing, legal liability is not clear either. Therefore, the identification of international freight forwarder as the legal status of the declarant has important significance. This chapter on the issue of the Points of discussion were discussed with the principal international freight forwarder and customs relations generated the legal status and legal responsibilities. Chapter V for improving international freight forwarding legal advice, attempts to clarify the concept of international freight forwarder, international freight forwarder regulatory model for the selection and monitoring to establish and improve the content of proposals to improve the international freight forwarders on the legal system of reference.

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