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1、 Chapter 5 International Goods Transportation5.1 Brief View 一、Definition International goods transportation law is the rules governing transnational goods transportation. It has the following particularities: 1. It adjusts the relations come from transnational transportation. 2. It is independent fr
2、om the contract of sale. 3. It is generally international and domestic rules , especially international, that governs international goods transportation. 二、Types By sea By railway By air Multi-transportation 5.2 International Goods Transportation by Sea 一、Instructions There are two types of contract
3、 for carriage of goods by sea, which are contracts contained in a charterparty and contracts evidenced by a bill of lading. 二、 Contracts contained in a charterparty （一）particularities 1. Flexible route 2. Flexible port 3. Flexible period 4. Flexible rate （二）Types 1. Voyage charterparties When a char
4、terer hires a ship and its crew for the carriage of goods from one place to another, the charterer and the shipowner have conclude a voyage charterparty. 2. Time charterparties The charterer engages the use of the vessel for a stated period of time under a time charterparty contract. 3. charterparti
5、es by demise( bare boat charterparty ) Under this kind of contract, the charterer obtains possession and control of the ship and puts in his own master and crew, who are his employees. 三、 Contracts evidenced by a bill of lading （一）Particularities: 1. Fixed route 2. Fixed port 3. Fixed period 4. Fixe
6、d rate （二）Parties of the contract 1. Carrier means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper. 2. Actual carrier means any person to whom the performance of the carriage of the goods, or of part of the carriage, has been entrusted by
7、the carrier, and includes any other person to whom such performance has been entrusted. 3. Shipper means any person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier, or any person by whom or in whose name or on whose behalf the good
8、s are actually delivered to the carrier in relation to the contract of carriage by sea. 4. Consignee means the person entitled to take delivery of the goods. 四、B/L （一）Definition Bill of lading means a document which evidences a contract of carriage by sea and the taking over or loading of the goods
9、by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document. （二）Legal functions of B/L 1. It is an evidence of the contract. 2. It is a receipt of the goods issued by the carrier. 3. It is a document of title. （三）Validity of B/L A bill of lading shall b
10、e prima facie evidence of the receipt by the carrier of the goods. （四）Types of B/L 1. Shipped B/L & Received for Shipment B/L 2. Straight B/L, Open B/L & Order B/L 3. Clean B/L & Unclean B/L 4. Advanced B/ L & Anti dated B/ L 五、Liability of the Parties （一）Liability of the carrier 1.The carrier shall
11、 be bound before and at the beginning of the voyage to exercise due diligence to (a)Make the ship seaworthy. (b)Properly man, equip and supply the ship. (c)Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, c
12、arriage and preservation. 2.Subject to the provisions of Article 4, the carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried. 3. After receiving the goods into his charge the carrier or the master or agent of the carrier shall, on demand of
13、the shipper, issue to the shipper a bill of lading showing among other things: (a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon
14、the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage. (b)Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper
15、. (c)The apparent order and condition of the goods. Provided that no carrier, master or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking. 4. The carrier should ship the goods through a usual line without any unreasonable deviation. （二）Liability of the shipper 1. The shipper shall pay the price of carriage
