On The Performing Assistant’s Liability Of International Carriage Of Goods By Sea

With the development of international carriage of goods by sea and division of the shipping industry, there are more and more subjects participating in international carriage of goods by sea. It relies not only on the participation of the master and its crew, but also on the participation and assistance of handling, warehousing, barging and other related industries, to finish the international carriage of goods by sea effectively. It becomes common that the contract between the shipper and the carrier is partially or totally carried out by some other parties. This thesis focuses on the discussion of the following subjects: the law theory and practice of liability of the performing assistant of international carriage of goods by sea, the relation between the carrier’s liability and the performing assistant’s liability, constitution of the performing assistant’s liability , etc. This thesis consists of five chapters:Chapter one mainly introduces the overview of the liability of the performing sssistant of international carriage of goods by sea. Firstly, discusses the origin of the performing assistant’s liability, stating its definition. Secondly, after introduction to the definition and theory of the performing assistant in the civil law, pointed out that the performing assistant of international carriage of goods by sea is the one who carries out the contract directly or indirectly under the request or supervision of the carrier. Finally, analyzes the value of institution of the liability system of the performing assistant of international carriage of goods by sea from both law value and practical value.Chapter two introduces the law practice of the performing assistant of international carriage of goods by sea’s liability. Firstly, introduces the international and domestic legislation about the liability of the party to fulfill the contract between the shipper and the carrer, such as the broader meaning of the carrier in the Hague Rules,the Himalaya Clauses in the Hague-Visby Rules,the“actual carrier”in the Hamburg Rules,the performing party in the Rotterdam Rules,and the liability system of the tansport terminals in the United Nations Convention on the Liability of Operators of Transport Terminals in the International Trade. In the domestic legislation, the English law takes the process from case-case to legislation of rights of third parties. The U.S. Senate COGSA’99 divides the carrier into contracting carrier, performing carrier and ocean carrier.Finally, introduces the law practice of the liability system of the performing assistant of international carriage of goods by sea in China.Chapter three introduces the relation between the liability of the performing assistant of international carriage of goods by sea and the carrier’s liability. Firstly, discusses the nature, scope and principles of the liability of the the performing assiatant of international carriage of goods by sea. Analyzing the relationship between employer vicarious liability and the carrer’s liability for the performing assistant,and two exceptions of the carrer’s liability for their employee: Exemption of Nautical Fault and fire exemption. Secondly, analyzes the law relation among the carrier, the performing assistant and the consignor/consignee, discusses the nature of the liability of performing assistant of international carriage of goods by sea. Considering of the scope of liability, this thesis argues that the liability of performing assistant of international carriage of goods by sea to the consignor/consignee should be limited by the actual damage.Chapter four introduces constitution of the liability of performing assistant of international carriage of goods by sea. Firstly, inspects the social practice foundation of origin of the liability of performing assistant of international carriage of goods by sea, stating that the "carrier liability" on behalf of the existence of peremptory norms in the law of carriage of goods by sea is a form of "field specification", and is essentially the general code of conduct to carriers mandatory by law.Chapter five studies some specific categories of the performing assistant’liability. This chapter mainly states some common categories of subsidiary international ocean carrier’s liability. Firstly, discusses the relation between the crew’s fault and carrier’s liability.Secondly, discusses civil liability issues of baege operator. Finally, discusses the civil liability issues of the tug operator.Concluding remarks gives some suggestion for consummating the legislation of the liability regime of the performing assiatant of international carriage of goods by sea in China. Firstly, analyzes the trend and characteristic of the liability regime of the performing assistant of international carriage of goods. Secondly, summaries the main idea of this thesis .Finally, gives some suggestions to consummate the rules for the performing assiatant of international carriage of goods by sea in Chinese Maritime Law.