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《Annual of China Maritime Law》 2010-04
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Differentiated liability system:incorporating the performing party under the Rotterdam Rules——what may be the choice for Chinese Maritime Code

WANG Qiu-wen(Law School,Tsinghua University,Beijing 100084,China)  
On 11 December,2008 the UN General Assembly adopted the Rotterdam Rules.The performing party is a new concept under the Rotterdam Rules.In the Chinese maritime law academia,some scholars propose that the performing party may address port-operators-related issues which have bothered China's judicial practice for long due to the legislative vacuum.Some scholars further advocate introducing the performing party into Chinese Maritime code in the background of amendment.Nevertheless,a divergent opinion different from the dominant scholarship is articulated in this article which argues that the performing party may not completely address the port-operators-related issues.Neither the introduction of the performing party into Chinese Maritime code is the only best way to solve China's problems in current circumstances.
【CateGory Index】: D996.19;D922.294
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