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A Study on New Attempts to Promote Shipper System of Established by the Rotterdam Rules
Author: WangZhengYu
Tutor: GuanZhengYi
School: Dalian Maritime University
Course: Law
Keywords: Rotterdam Rules Shipper Documentary Shipper Right of control
CLC: D996.19
Type: Master's thesis
Year: 2010
Downloads: 392
Quote: 3
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Abstract
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After more than 10 years of hard work, UN Convention on the Contracts of International Carriage OF Goods Wholly or Partly by Sea was adopted by the UN General Assembly on 11th December 2008 and opended for signature at a ceremony on 23rdSeptember 2009 in Rotterdam, the Netherlands.The purpose thereof is to unify the law of international transportation of goods, and promote the development of the international trade and international shipping industry.The Rotterdam Rules makes great changes in legal system of shipper: taking a new approach towards the classification of shipper,setting up new subject of legal relation like documentary shipper.It’s the first time to introduce the legal system of the international trade law into the law of transportation by sea, such as transfer of title, right of control of cargo, which aims to make the international trade contract and the international transportation contract connected. It also helps the right of subject under the international trade contract expand into the international transportation contract.Based on the relative legal system under the exciting international conventions (including the Hague Rules Hamburg Rules) on the carriage of goods by sea, the thesis is intended to analyze the advantages and disadvantages of shipper legal system of Rotterdam Rules. The shipper legal system has already surpassed many of the provisions in existing international system to adapt to container cargo, e-commerce and muli-way transport, and other modern practice.The legal system of shipper established by the Rotterdam Rules reduces the protection of seller under FOB. If the international community generally adopts the Rotterdam Rules in the future, then sellers under FOB, which commonly exist in exporters of our country international trade, will face more trade risks. The thesis attends to give some advice to sellers under FOB in order to avoid the escalating risk in the new legal system of shipper.
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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
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