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The Modernisation of the Chinese Maritime Code: The Revision of the Hybrid Regime Governing Carriage of Goods by Sea

Hu, J. Z. & Zhao, L. ORCID: 0000-0002-8935-001X (2022). The Modernisation of the Chinese Maritime Code: The Revision of the Hybrid Regime Governing Carriage of Goods by Sea. In: Commercial and Maritime Law in China and Europe. . Routledge. doi: 10.4324/9781003160298

Abstract

As one of major trade countries, China adopted the Chinese Maritime Code in 1992. The international carriage of goods by sea is governed under Chapter IV of the Code which employs a hybrid regime through incorporating several existing international conventions into this regime. Because of the changing landscape of global maritime trade and the significant increase in trade from/to China over the past three decades, gaps in the hybrid regime have emerged and escalated. These entail the need to modernise the Code, particularly the hybrid regime. In this context, this chapter evaluates this hybrid regime – Chapter IV of the Code – governing international carriage of goods and discusses relevant revisions that the law revision committee has proposed to modernise the Code. Starting by exploring the reasons for adopting such a hybrid regime, this chapter examines Chapter IV of the Code and then probes into both the contents of the hybrid regime and relevant ongoing law revision in China. With reference to the Chinese public and private stakeholders’ attitudes toward the law revision and the Rotterdam Rules 2008, this chapter scrutinises the necessity and proposals for modernising and revising the Chinese hybrid regime. Besides this, the forthcoming law revision on the hybrid regime of the Code is discussed in detail.

Publication Type: Book Section
Additional Information: This is an Accepted Manuscript of a book chapter due to be published by Routledge Press in Commercial and Maritime Law in China and Europe on 26 Dec 2022, available online: https://doi.org/10.4324/9781003160298
Publisher Keywords: The Chinese Maritime Code; Hybrid Regime; Carriage of Goods by Sea, the Rotterdam Rules; China’s Particularity
Subjects: J Political Science > JX International law
K Law > K Law (General)
Departments: The City Law School > Academic Programmes
[img] Text - Accepted Version
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