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Discussion on Construction of China Maritime Performing Party System

Author: LiuXiaoXian
Tutor: DanHongJun
School: Dalian Maritime University
Course: Legal
Keywords: Maritime performing party UNCITRAL The transportation convention
CLC: D996.19
Type: Master's thesis
Year: 2010
Downloads: 84
Quote: 0
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Abstract


UNCITRAL dedicated to unify the law of the carriage of goods by sea system since 1996. After years of discussions, United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea was passed in July 3,2008.And on September 23, 2009 signing ceremony was held in Rotterdam.The contents of the convention are huge, and its use and adjustment items are beyond the Hague Rules, Visby Rules and Hamburg Rules which are still in force now.The system of maritime performing party is the special system in the transport convention,which constitutes an integral part of the convention.Maritime performing party system.It is not the first system which bring in the carrier’s performing auxiliary party,but it is the most comprehensive and thorough one.It unified the carrier’s performing auxiliary duty in the maritime segment,and it is also another advance in the developing process of international maritime legal system.The writer used the method of historical analysis,comparative analysis, theoretical analysis to expound the development, values and the of constructing China maritime performing party system.This paper is devided into three chapters.In the first chapter, it is described the overview of the maritime performing party, introduced the content and the characteristics of the maritime performing party. In chapter two,firstly, the writer introduces the differenc between maritime performing party and China’s related system,then analyzes the current laws’ problem,and finally expounds the difficulty in building China maritime performing party system.Basing upon the analysis of the first two chapters, the writer focusing on the strategies of establishing maritime performing party in China, and analyze the the problems which need to be paid attention.Finally, in the writer’s view, China does not need to take part in the Convention, and can establish the maritime performing system by amending China Maritime Law.

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