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Posted: March 24th, 2023
Research on the Carrier's Seaworthiness Obligation in Rotterdam Rules and the Influence on the China Maritime Code
The Rotterdam Rules are a set of international conventions that aim to modernize and harmonize the law of carriage of goods by sea. They were adopted by the United Nations in 2008 and have been ratified by 23 countries as of January 2024. One of the main features of the Rotterdam Rules is that they introduce a new concept of seaworthiness, which is the obligation of the carrier to provide and maintain a ship that is fit for the voyage and the cargo.
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The traditional concept of seaworthiness, as defined by the Hague-Visby Rules and other previous conventions, was based on the principle of due diligence. This means that the carrier had to exercise reasonable care to make the ship seaworthy before and at the beginning of the voyage, but was not liable for any defects or damages that occurred during the voyage, unless they were caused by its fault or neglect. The Rotterdam Rules, on the other hand, adopt a principle of continuous responsibility, which means that the carrier has to maintain the ship's seaworthiness throughout the voyage, unless it can prove that it took all reasonable measures to prevent or avoid the unseaworthiness or that it was caused by an external event beyond its control.
The new concept of seaworthiness has significant implications for both carriers and shippers, as well as for the legal systems of different countries. In particular, it poses a challenge for China, which has a large and growing maritime industry and trade. China has not yet ratified the Rotterdam Rules, but it has expressed its interest and intention to do so in the near future. However, before joining the Rotterdam Rules, China has to consider how they will affect its domestic law, especially its Maritime Code, which is based on the Hague-Visby Rules and follows the traditional concept of seaworthiness.
The purpose of this paper is to analyze the carrier's seaworthiness obligation in the Rotterdam Rules and compare it with the current regime under the China Maritime Code. It will also examine the potential benefits and challenges of adopting the Rotterdam Rules for China's maritime law and practice. The paper will be divided into four sections. The first section will provide an overview of the Rotterdam Rules and their main features. The second section will focus on the carrier's seaworthiness obligation in the Rotterdam Rules and its scope, content, exceptions, and remedies. The third section will compare and contrast the carrier's seaworthiness obligation in the Rotterdam Rules with that in the China Maritime Code and identify the main differences and similarities. The fourth section will discuss the implications of adopting the Rotterdam Rules for China's maritime law and practice and suggest some possible solutions and recommendations.
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- Baatz, Yvonne. "Seaworthiness: A Modern Analysis." Journal of International Maritime Law 23, no. 1 (2017): 1-14.
- Chen, Siyuan. "The Carrier's Seaworthiness Obligation under Chinese Law: A Comparative Study with English Law." Journal of International Maritime Law 20, no. 6 (2014): 417-432.
- Hoeks, Machteld J., Frank G.M. Smeele, and Marian A.I.H. Hoeks-Smeele. "The Carrier's Liability under Article 17(3) of The Rotterdam Rules: A Comparative Analysis." Journal of International Maritime Law 16, no. 2 (2010): 125-144.
- Zhang, Jinlei. "The Impact of The Rotterdam Rules on The Development of Chinese Maritime Law." Journal of International Maritime Law 15, no. 4 (2009): 377-392.
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