The Unification Of Legislation On Supervising International Freight Forwarders

It seems that the disorder of legislation on supervising international freight forwarders due to the disorder of administrative rules of regulation in China. Actually, it has inseparable connection with the evolution of the freight forwarder’s definition and practices, which resulted from the changes of commercial and legislative environment. It has been widely accepted that the definition and legal status of the international freight forwarder have undergone the process from pure forwarding agents to a dual identity of pure forwarding agents and NVOCCs. With the evolution of status, the impacts of illegal freight forwarders have become more apparent, which remind us to recognize the importance and urgency of the unification of legislation. However, the legislation is far from uniformity and has caused such problems as the supervision according to two administrative systems, the supervision by two government departments, and the disagreements, obsoleteness and vacancy of the supervision laws. Many scholars have proposed various solutions and advices for the unification. Based on them, this thesis further explores the feasibility to enact a uniform law to supervise international freight forwarders and what should be covered.Chapter One describes the reasons for and legislation on supervising international freight forwarders. The evolution of its legal status from pure forwarding agents to a dual identity of pure forwarding agents and NVOCCs is the most important reason for disorder of legislation. In order to eliminate impacts caused by illegal freight forwarders, it is the foremost task to redefine the international freight forwarder. The thesis argues that the unification of legislation on supervising international freight forwarders is based on the market failure theory and public interest theory. It also reflects the principle of supervision by law and the value of equity and order.Chapter Two discusses the disorder of legislation on supervising international freight forwarders. Provisions on Administration of International Goods Shipping Agency Industry, promulgated in1995, defines the international freight forwarder as pure forwarding agents. But its implementing rules, promulgated in1998and2004, define it as a dual identity of pure forwarding agents and independent contractors. Freight forwarders are supervised by Department of Commerce. However, Regulations on International Ocean Shipping, promulgated in2001, and its implementing rules which were promulgated in2003and2013, exclude NVOCCs from the independent contractors. NVOCCs are supervised by Department of Transportation. So far, the problems caused by the disorder of legislation are as follows:the supervision according to two administrative systems, the supervision by two government departments, and the disagreements, obsoleteness and vacancy of the supervision laws.Chapter Three discusses the unification of legislation in developed countries. The author argues that China should learn from the experiences of the United States, Japan and other countries for reference, which include a uniform law, a uniform supervising agency and up-to-date contents. Finally, Chapter Four comes up with some suggestions. Firstly, China should enact a uniform law to supervise international freight forwarders. Secondly, in new law, China should use the international freight service operators as an overall definition which has a dual identity:international freight service agents and international freight service parties. Their legal status and scope of business should be respectively clarified. Thirdly, China should select a uniform supervising agency in new law. Finally, on the basis of the above ideas, China should design or improve subject matters and methods of supervision.The thesis elaborates on the unification of legislation on supervising international freight forwarders from the historical and comparative perspective. The aim of the thesis is to propose to enact a uniform law to supervise international freight forwarders and make suggestions on the contents of the new law, in order to perfect the legislation on supervising international freight forwarders in China.