国际贸易法第三章的.ppt

Chapter 3 International Carriage of Goods by Sea 国际海上货物运输法 ;;2. Characteristics of International Carriage of Goods: (1). The goods shall cross the border; (2). Generally speaking, this kind of transportation is done through contract of international carriage of goods; (3). A lot of risk accompanied; ; (4). International treaties and conventions and international trade customs are often applied to regulate this kind of act; The Hague Rules(海牙规则） The Visby Rules(维斯比规则) The Hamburg Rules; 3. Varieties of international carriage of goods; Transportation by air; Transportation by sea; Transportation by railroad; Multi-modal transportation;;§2 International Carriage of Goods by Sea 1. Definition and classification of international carriage of goods by sea 1.1 definition: The transportation of goods by sea from one port of one country to another port of another country is called international carriage of goods by sea. 1.2 classification: Liner transport (carrier and shipper) and charter transport (shipowner and charterer);2. Two types of contract of carriage by sea: contracts contained in a charterparty(租船合同); and contracts evidenced by a bill of lading(提单). 2.1 Classification of the charterparty: What is a charterparty? (charterer and shipowner) the voyage charterparty, (航程租船合同) The time charterparty,(期租船合同) and the charterparty by demise. (光船租赁合同）;2.1.1 the voyage charterparty Under the terms of voyage charterparty, the shipowner will agrees to provide the ship and it crew to the charter, and the charter will use the ship and its crew to transport goods one or many times within named ports according to agreement between the charter and the shipowner. So, in the voyage charterparty both the port of loading and the port of discharge must be mentioned clearly in the contract. ;The Implied Terms of Voyage Charterparty: The law implies the following term into every voyage charter: (1 ) that the ship is seaworthy; (2) that it shall proceed with reasonable dispatch; (3) and t