国际商法英文版课件韩永红 ISBN9787566301918 PPTChapter 7.ppt

Chapter 7 International Carriage of Goods  Main contents Carriage of Goods by Sea Bills of Lading Charterparties Carriage of Goods by Air The Warsaw Convention 1929 The Montreal Convention 1999 Carriage of Goods by Road and Rail I. Carriage of Goods by Sea Warm-up Questions Modes of transportation A typical process of international carriage of goods by sea Two types contract of carriage : Bill of lading and charterparty 1. Bills of lading 1. Fundamentals of bills of lading Definition Three functions Types of bills of lading International conventions governing bills of lading Carrier’s duties and immunities under bills of lading Other questions Three Functions of the bill of lading a receipt for the goods from the carrier. evidence of a contract of carriage between the shipper and the carrier. the document of title to the goods described in it. Carrier’s Misdelivery The carrier may deliver the good only to the holder of an original bill of lading. Failure to do so constitutes carrier’s misdelivery. In case of misdelivery, the holder of an original bill of lading may bring an action to reclaim the goods from the receiver of the goods. The holder of an original bill of lading may also bring an action against the carrier for misdelivery of goods, because the carrier violated the terms of the contract of carriage. Types of Bills of Lading Order and straight bills of lading Clean and unclean (foul or dirty) bills of lading Onboard bills of lading and received-for-shipment bills of lading Multimodal bills of lading Electronic bills of lading Back-dated B/L and Advanced B/L International conventions governing bills of lading International Conventions the Hague Rules 1924 the Hague-Visby Rules 1968 (Visby Amendments) the Hamburg Rules 1978 The Rotterdam Rules (The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea) ---adopted 2008, to be opened for signature on 23 September 2009 in Rot