Study On Carrier’ S Seaworthiness Obligation Under the Background of Revision of Maritime Law

Lufan He

doi:10.54097/3pv3vn74

Authors

Lufan He

DOI:

https://doi.org/10.54097/3pv3vn74

Keywords:

Carrier; Seaworthiness obligation; carriage of goods by sea.

Abstract

The liability of the carrier plays a central role in transport law of goods by sea. The carrier's seaworthiness obligation is the most fundamental and important part among its three basic obligations. The specific content of the carrier's seaworthiness obligation is closely related to the interests of both the shipper and the carrier. With the changing positions of both parties and the development of shipbuilding and navigation technology, relevant regulations regarding the seaworthiness obligation should be adjusted accordingly to achieve a rebalance of the interests of both parties and meet the legislative requirements of the new maritime era. This article explores the development issues of the carrier's seaworthiness obligation in four parts. The first part briefly outlines the development process of the seaworthiness obligation and describes the existing scope and content of the seaworthiness obligation under standard system of China’s Maritime Law. The second part analyzes the provisions regarding the carrier's seaworthiness obligation from the perspective of “Maritime Code of the People’ s Republic of China (Revision) (Exposure Draft)” (hereinafter referred to as Exposure Draft). The third part identifies the remaining issues and loopholes in the above provisions. Finally, the fourth part provides suggestions and prospects.

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References

Xie Zhenghui. Carrier's Seaworthiness Obligation in China's Maritime Law [J]. Law Science,2003(06):87-91.

ZHOU Zhe-chang. Legal Study of the Carrier's Seaworthiness Obligation [J]. Journal of Guizhou Education University,2023,39(04):50-57. DOI: 10.13391/j.cnki.issn.1674-7798.2023.04.003.

Editor-in-Chief Si Yuzhuo：Maritime Law，Law Press·China 2018(85)

Xie Zhenhui. Carrier's Seaworthiness Obligation in China's Maritime Law [J]. Law Review, 2003(06):87-91.

Article 63 of the “Consolidated Marine Law” stipulates: “The shipowner and the helmsman shall not load the goods in damp places or inappropriately, so as to cause damage to the goods. Otherwise, they shall be liable to the shipper.” Articles 64, 65, and 66 provide: “If the damage to the cargo is caused by leaks in the deck or portholes, as well as the lack of basic proper protection of the cargo, the shipowner shall be liable; but if the damage is caused by a storm, there is no need for compensation, as there is no negligence.”

Article 5, paragraph 1 of the “Hamburg Rules” states: “If the loss, damage or delay of the goods occurs during the period when the carrier has control of the goods, the carrier shall be liable for the loss caused by the loss, damage or delay of the goods, unless the carrier proves that reasonable measures have been taken by himself, his employees or agents to avoid the occurrence of such incidents and their consequences.”

Article 14 of the “Rotterdam Rules” provides the “specific obligations applicable to the maritime voyage”: “The carrier must exercise due diligence to (a) put the ship in and maintain seaworthy condition before and at the beginning of the voyage; (b) properly equip the ship, and supply it throughout the voyage, with crew, and stores and other supplies, and (c) make the cargo ship, all other cargo spaces and containers provided by the carrier fit and safe for the reception, carriage, and preservation of the goods, and maintain this condition throughout the period of carriage.”

Article 47 of the “Maritime Law”: “The carrier shall exercise due diligence to put the ship in a seaworthy condition and properly equip the ship, and supply it with crew, stores, and supplies before and at the beginning of the voyage, and make the cargo holds, refrigerated holds, air-conditioned holds, and other cargo spaces fit and safe for the reception, carriage, and preservation of the goods.”

Editor-in-Chief Si Yuzhuo：Maritime Law，Law Press·China 2018(85)

Article 4.6, paragraph 1 of the Maritime Code of the People’ s Republic of China (Revision) (Exposure Draft): “The carrier’s responsibility period for containerized cargo is the period from the time of receiving the goods at the loading port to the delivery of the goods at the unloading port, during which the goods are under the control of the carrier. The carrier”s responsibility period for non-containerized cargo is the period from the time the goods are loaded onto the ship until they are unloaded from the ship, during which the goods are under the control of the carrier.”