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On the Carrier’s Responsibility System under the UN Convention of Transport Contract Law

Author: SuLiang
Tutor: TangQingYang
School: Southwest University of Political Science
Course: International Law
Keywords: Contract of carriage Convention Period of responsibility Nautical Fault Fire in Primary obligation
CLC: D996.1
Type: Master's thesis
Year: 2009
Downloads: 243
Quote: 1
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Abstract

In the carriage of goods by sea the carrier's liability system is the core of the COGSA reflects both cargo interests of the game, constraints or promote the development of international trade and maritime transport industry. Centuries, the system of responsibility of the carrier shipping practice and case enhancement, has formed a complete set of unique responsibility system. However, due to the international carriage of goods by legislation already in force is far from uniform, the provisions of the liability of the carrier is also inconsistent. For this reason, the 1999 United Nations International Trade Law (UNCITRAL hereinafter referred to as \16 to July 3, 2008, the forty-first session of the United Nations Conference on Trade Law Committee held in New York, the meeting focused on the Working Group III of the United Nations full or partly by sea international transport of goods Convention on Contracts \(UN Convention on the Contracts of International Carriage of GoodsWholly or Partly by Sea) (hereinafter referred to as the \through the United Nations Wholly or Partly by Sea International Transport of Goods Convention on Contracts for December 11, authorized to open the signing ceremony held on September 23, 2009 in Rotterdam, and suggested that the rules embodied in the contract of carriage Convention known as the \In a comparative study of three traditional international conventions, the United Nations Convention on the contract of carriage, the carrier's liability system requirements are discussed to analyze the pros and cons of the United Nations Convention on the contract of carriage provisions and try to propose to modify the views on China Maritime Law \. Text of nearly 30,000 4,000 words, in addition to the introduction and conclusion, is divided into three parts. The first part of the contract of carriage, the carrier's liability to the Convention system overview. \The author believes that force in international maritime transport of goods Convention, the Hague Rules, Visby Rules and the Hamburg Rules for standardizing and harmonizing the liability of the carrier system has played an important role, but it is undeniable, The three major provisions of the Convention relative to the same and the coexistence is very unfavorable to build a new shipping order. On this basis, the author describes the contents of the contract of carriage Convention, including the United Nations Commission on International Trade Law on the drafting of the Convention on the background work process and Convention significance. Cited provisions of the contract of carriage Convention on the carrier's liability system innovation, its traditional regulations are compared and evaluated. The second part of the \This section mainly focus on four aspects: First, the period of responsibility; Nautical Fault; Fire in; Fourth, the primary obligation. On the basis of the interpretation of the basic theory of the relevant provisions of the Convention and the three major international comparison, combined with the views of the drafting group to explore innovative provisions of the contract of carriage Convention in these four aspects. The author believes that the contract of carriage Convention on the elimination of nautical fault exemption, to achieve complete fault liability and primary obligation, slightly ahead, but it reflects the trend of development of the international transport law. The third part of the \China's Maritime Law \. Draws on the provisions of the Convention on the contract of carriage, I suggest: First, modify the provisions of China's maritime law on the liability of the carrier period, in particular, to improve during the responsibility of the container transport requirements; Second, adopt a prudent attitude towards sailing retention or abolition of fault liability; Third, a clear fire exemption provisions claimant's burden of proof on the range; Fourth, build a clear \In addition, I do not agree that \

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