Research On Burdens Of Proof Of Carrier Under Rotterdam Rules

The carrier’s burdens of proof concern the vital interests of the parties to the contract of the carriage of goods by sea and attract full attentions of international conventions such as Hague Rules, Hamburg Rules as well as Rotterdam Rules.The structural characteristic of the basis of liability under the Rotterdam Rules is that burdens of proof are provides throughout. The framework is that carrier’s duty of care of goods, seaworthiness obligation and excepted perils are subjected to different allocation of burdens of proof. However, domestic scholars have a few research on this respect of carrier’s burdens of proof, especially the related terms of Rotterdam Rules, lead to the allocation of burdens of proof more indistinct. Centering on the topic, by comparative analysis of carrier’s duty of care of goods, seaworthiness obligation and excepted perils under Hague Rules, Hamburg Rules, Rotterdam Rules as well as domestic law like Maritime Code of the People’s Republic of China, shall implement the carrier’s duty of care of goods, seaworthiness obligation and excepted perils for the risk of presumption of fault, and perfect Maritime Code of the People’s Republic of China. Article firstly expounded the basic theory of carrier’s burdens of proof and historical development of burdens of proof. Carrier’s burdens of proof divided into with respect of subjective and objective; historical development of the carrier’s burdens of proof show that carrier’s burdens of proof under strict liability had historical limitations, the carrier’s burdens of proof are gradually strengthened with the development of history. Secondly, according to the burdens of proof path under the Rotterdam Rules, article re-examines carrier’s duty of care of goods, seaworthiness obligation and excepted perils under Hague Rules, Hamburg Rules, Rotterdam Rules and carrier’s primary obligation in principle as well as cargo interests, text style logic strict distinction between the principle of responsibility, the burden of proof theory, stating that the carrier shall be liable for more demanding responsibilities. Finally, On the basis of the analysis of Maritime Code of the People’s Republic of China and combining advantages and disadvantages of Rotterdam Rules, the author appeals to provide recommendations to improve Maritime Code of the People’s Republic of China.