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Title: Title to sue in contracts for the carriage of goods by sea : Chinese and English law compared
Author: Li, Maggie Hui
ISNI:       0000 0004 2745 7123
Awarding Body: University of Southampton
Current Institution: University of Southampton
Date of Award: 2007
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This research is aimed to seek the avenues open to remodeling the laws regulating rights of suit under the contract of carriage of goods by sea in China by identifying the problems incurred and analysing the solutions provided under the English and Cliinese law with a comparative study of the Draft Instrument on transport law proposed by United Nations Commission on International Trade Law (UNCITRAL). This research will elucidate the relevant provisions in the Chinese legal system; outline the problems caused by the lack of particular doctrines or inconsistencies among the present clauses in the Chinese Maritime Code; highlight the pitfalls that might arise for litigants; examine and evaluate the solutions provided in judicial practice by judges or conceived by academics; indicate where the law should be amended; and propose the draft of new provisions with reformative suggestions. This research will examine the history and development of the English law in the area of rights of suit under the contract of carriage; outline the similarities and distinctions among English law, the Draft Instrument and Chinese law in relation to rights of suit under the contract of carriage; and expose and evaluate the latest developments of English case law in this area. The research will explore and evaluate the provisions regarding rights of suit in the area of carriage of goods by sea embraced in the Draft Instrument, with a view to considering the feasibilities and desirability of including these provisions in such an international regime and the possibilities of applying these provisions under Chinese jurisdiction. The result of this research is a new draft bill regulating the cargo claimant's Zocwj' standi for the P.R.China. The subject matter of this thesis will be divided into five topics and each will be dealt with in a separate chapter. Chapter 1 is a study on the shipper's title to sue; Chapter 2 is a study on the holder's title to sue; Chapter 3 is a study on the shipper's liability towards the carrier; Chapter 4 is a study on the holder's liability towards the carrier; Chapter 5 is a study on the cargo claimant's locus standi and straight bills of lading; Chapter 6 concludes with proposals for amendments to the Chinese Maritime Code 1993 in respect of the cargo claimant's as a conclusion to the whole research.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available