The Responsibility System Research Of Maritime Performing Party In Rotterdam Rules

In modern times there are three international maritime conventions in the world,which are the Hague Rules, the Hague-Visby Rules and the Hamburg Rules. As theinternational carriage of goods by sea presents a complicated tendency nowadays, themode of transportation of “door to door” has to be universal. Confronted with thetrouble in practice，three maritime conventions and others international and domesticmaritime transportation conventions are already stretched thin. In order to unify thelaw of carriage of goods by sea，the Rotterdam Rules associated with developing ofthe age emerges as required. It is to be said with no exaggeration that the coming ofRotterdam Rules can be called a major feat to the maritime transportationconventions, it combines fair and efficient，shows scientific and advance. TheRotterdam Rules creates the system of maritime performing party for the first time，establishes the integrated responsibility system for maritime performing party，clearsout the responsibility relationship of the maritime performing party and the carrier.The Rotterdam Rules as much as possible to include the participants which fulfill orpromise to fulfill the obligations of the carrier between the two ports in the range ofthe maritime performing party, so as to confirm the legal status and the responsibilityof these participants. Besides，it also plays a good role to settle the port operatorsproblems in our country.This thesis expects that through the responsibility system research of maritimeperforming party and the comparative analysis of its related concepts and systemswhich can help to deal with the problems about the relevant provisions of MaritimeLaw in our country. The thesis first presents the concept of the maritime performingparty, demonstrates the evolution process of the maritime performing party, theHimalaya Clause and the actual carrier as well as the differences between themaritime performing party and the actual carrier, the performing carrier, the oceancarrier. Then makes an introduce about the responsibility system of maritimeperforming party in details，from the property of responsibility, the period of responsibility, the classification of responsibility, the scope of liability，the doctrine ofliability fixation, the limitation and the exemption of liability. And emphasizes oneimportant point the responsibility relationship of the maritime performing party andthe carrier.At last, the thesis discusses the Himalaya Clause and the actual carrier ofMaritime Law in our country, analyses the problems existing in those two and thedifference between those with maritime performing party， put forward somesuggestions to those based on the advancement about maritime performing party, inorder to be beneficial to the port operators problems in our country, so as to makeMaritime Law in our country can integrate with the current international trend ofmaritime transportation conventions better.