Study On The Mandatory Responsibility Regulations Of Shipping Carriers

The mandatory responsibility regulations of carriage of goods by sea is a very characteristic system in Maritime law, with the unique cultural connection with maritime law as well as the interaction with the foundational concepts of contract law. During the legal research and analysis, the historical research method, positive analysis method, contrast analysis method, and logic analysis method were used, which is expected to reach a conclusion in-depth.Chapter One of this thesis, the author introduces the theoretical background of carriers’mandatory responsibilities, which is the foundation and premise of the whole thesis. First of all, the meaning of carriers’mandatory responsibility regulations are defined, which means the object of the study is determined. And then, there is a brief review of the history of carriers’mandatory responsibility regulations. The beginning, the construction, the development, the maturity and the new development are all historically studied.The second chapter of the thesis analysis the value of the mandatory responsibility regulations of the carriers. These regulations basically reflects the essential fairness and justice of a contract, the interests balance between shipping parties and cargo parties, the uniformity of regulations of the international carriage of goods by sea and offers a guidance of risks to shipping parities and cargo parties. And then, the author contrasts the old value of international conventions and the new value of the Rotterdam Rules, especially focusing on the right of control of cargo on sea and the volume contract.The third chapter is the core of the whole thesis. It focus on building up a completed system of the carriers’mandatory responsibility regulations. In the system of mandatory responsibility regulations, the author constructs a 3-d picture. The mandatory basic duties of carrier are the baseline and the uttermost exemption of the carrier make up the frame structure, within which the carrier should take mandatory responsibilities and liabilities. Also, timeline is made up of the carrier’s period of responsibility whose concept needs to be clarified.At last, combined with the current statutory regulations in CMC, the author put up with some suggestions relating to the carriers mandatory regulation system, aiming to see the improvements when CMC are revised in the future.