从船方角度探析中国是否应加入《鹿特丹规则》.docVIP

从船方角度探析中国是否应加入《鹿特丹规则》中图分类号：D996.19 文献标识码：A 文章编码：1003-2738（2011）11-0109-02 摘要：本文通过比较分析的方法，分析了《鹿特丹规则》对于我国船公司的影响。并得出结论：通过船方的角度，我国不应该加入《鹿特丹规则》 关键词：《鹿特丹规则》；船方角度 Ⅰ INTRODUCTION “UNConventiononContractsfortheInternationalCarriageofGoodsWhollyorPartlybysea”, also known as “Rotterdam Rules” is drafted by UNCITRAL, passed and promulgated by UN General Assembly for signature, on 23 September 2009, to all States in Rotterdam. Considering China being one of the drafting countries of this convention, the image of great power in the world, and tremendous sacrifice made by our renowned Chinese maritime law experts involved in drafting, should China poses a positive stance, i.e. approves it or shuts the door upon it, i.e. resists it? This question comes down to one point: “are we READY to accept the new-born Convention now?” All the conventions or treaties are a bargain amongst different international entities, inter alia, battles for the maximization of national interests. Therefore, it is inevitable to analyze the pros and cons of this Convention, through different perspectives of most closely related parties, to us our shipping industry and domestic economy. One participant of our shipping industries, whose interests may either promoted or undermined under this convention, which we have to concern about is: shipping company. Ⅱ IMPACT ON SHIPPING COMPANY One significant change in Rotterdam Rules, compared with the prevailing convention of Hague Rules nowadays, is manifested that the obligation and liability of shipping company are much more onerous. Under Hague Rules, there exists 17 items of exemption from liabilities. Particularly, nautical negligence is exempted from assuming liability under this instrument. These provisions, undoubtedly, are in favor of the shipping company. If we convert our viewing angle, however, to Rotterdam Rules, most of them seem stricter than that in Hague Rules. Take “period of responsibility of the carrier” and “basis o