國(guó)際經(jīng)貿(mào)法律英語(yǔ)Uni3.doc

I BAGROUND 1.International Marine Cargo Transport國(guó)際海上貨物運(yùn)輸。國(guó)際貨物運(yùn)輸是指采用一種或多種運(yùn)輸方式將貨物從一國(guó)或地區(qū)運(yùn)至另一國(guó)或地區(qū)的某一地點(diǎn)。國(guó)際貨物運(yùn)輸涉及多種運(yùn)輸方式，包括海運(yùn)(marine transport)、空運(yùn)(air transport)、鐵路運(yùn)輸(rail transport)、公路運(yùn)輸(road transport)、郵政運(yùn)輸(parcel post transport)、內(nèi)陸水道運(yùn)輸（如江河運(yùn)輸、湖泊運(yùn)輸）(inland waterway transport)、管道運(yùn)輸(pipe transport)、國(guó)際多式聯(lián)運(yùn)(international multi-modal transport)等。其中，海上運(yùn)輸為最重要的運(yùn)輸方式，它具有貨運(yùn)量大、成本低等優(yōu)點(diǎn)，國(guó)際貿(mào)易業(yè)務(wù)中約有三分之二的貨物采用海運(yùn)。此外，現(xiàn)在的運(yùn)輸規(guī)則也大都是從海運(yùn)發(fā)展起來(lái)的。因此，本單元重點(diǎn)討論國(guó)際海運(yùn)方面的實(shí)務(wù)和法律知識(shí)。2. liner transport and charter transport班輪運(yùn)輸和租船運(yùn)輸。班輪運(yùn)輸是指貨輪按固定的航線(xiàn)、固定的?？扛劭?、固定的航運(yùn)時(shí)間表及相對(duì)固定的費(fèi)率進(jìn)行航行。租船運(yùn)輸又稱(chēng)不定期船(tramp)運(yùn)輸，它沒(méi)有班輪運(yùn)輸中的“四個(gè)固定”，而需經(jīng)過(guò)租船人(charterer)與船東(ship owner)在租船契約(charter party)中進(jìn)行約定。租船運(yùn)輸主要有定程租船、定期租船、光船租船三中形式。3. W/T, M/T, A/V分別為weight ton, measurement ton, Ad Valorem的縮略詞，譯為“重量噸”、“尺碼噸”、“從價(jià)”，可理解為：貨物的運(yùn)費(fèi)按貨物毛重、貨物體積、貨物價(jià)值計(jì)收。4. long length surcharge, over weight surcharge, currency adjustment factor, optional charge, port congestion surcharge, transshipment surcharge, bunker adjustment factor, alternation surcharge, and port surcharge超長(zhǎng)附加費(fèi)、貨幣貶值附加費(fèi)、選擇港附加費(fèi)、港口擁擠費(fèi)、轉(zhuǎn)船附加費(fèi)、燃油附加費(fèi)、變更卸貨港附加費(fèi)及港口附加費(fèi)。5. liners freight tariff班輪運(yùn)價(jià)表6. Tramp vessels are engaged under charter on a time, voyage or demise basis租船運(yùn)輸采用定期租船、定程租船或光船租船的方式。7. Consignee收貨人。8.Freight prepaid or to collect運(yùn)費(fèi)付訖、運(yùn)費(fèi)到付。9.On board B/L and Received for shipment B/L已裝船提單和備運(yùn)提單10. Straight B/L, Order B/L and Open B/L記名提單、指示提單、不記名提單。11 Clean B/L and Unclean B/L.清潔提單和不潔提單12.Carriers responsibilities承運(yùn)人責(zé)任13. The carrier shall, before and at the beginning of the voyage, exercise due diligence to make the ship seaworthy, properly man, equip and supply the ship and to 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, carriage and preservation.承運(yùn)人在開(kāi)航前和開(kāi)航時(shí)，應(yīng)當(dāng)謹(jǐn)慎處理，使船舶處于適航狀態(tài)，妥善配備船員、裝備船舶和配備供應(yīng)品，并使貨艙、冷藏艙、冷氣艙和其他載貨處所適于并能安全收受、載運(yùn)和保管貨物。14. Force majeure不可抗力。15. exonerate from the liability免除責(zé)任。16. bear the burden of proof承擔(dān)舉證責(zé)任。17. be jointly liable連帶責(zé)任。18.International conventions on marine transport國(guó)際海運(yùn)公約。國(guó)際貨物海上運(yùn)輸規(guī)則主要包括1924年的海牙規(guī)則(Hague Rules)，1968年的維斯比規(guī)則(Visby Rules)及1978年的漢堡規(guī)則(Hamburg Rules)。我國(guó)未參加上述三個(gè)公約，但我國(guó)的海商法在有關(guān)班輪運(yùn)輸方面的法律規(guī)定，借鑒了這三個(gè)規(guī)則的相關(guān)內(nèi)容。19. imperfect liability with fault不完全過(guò)錯(cuò)責(zé)任。20.presumed liability with fault推定過(guò)錯(cuò)責(zé)任。II. CONTENTThere are different ways to carry the goods to their destination, such as marine transport, land transport, air transport and multi-mode transport, etc. In choosing one mode of transport, one shall consider such elements as the availability of the transport vehicles, the time of transport, the quantity of the goods and the safety of the goods, etc.1. Modes of Marine transportMarine transport falls into two groups: liner transport and charter transport2. Liners operate on a scheduled service between a group of ports. Liners sail on the scheduled dates and times irrespective of whether the ships are full or not. The respective obligations and liabilities of the consignors and the carriers are listed in the bill of lading issued by the liner companies.The freight of liners comprises basic charges and additional charges. There are several ways to be used to calculate the basic charges. The cargoes are usually charged by W/T, M/T, A/V3, the numbers of the goods, or as arranged by the consignor and carrier. The additional charges may contain long length surcharge, over weight surcharge , currency adjustment factor, optional charge, port congestion surcharge, transshipment surcharge, bunker adjustment factor, alternation surcharge, and port surcharge4, etc.The goods are usually classified into 20 grades which are listed in the liners freight tariff5. The basic freight rates are charged according to their respective grades. One may acquire such information in the liners freight tariff of the shipping company.Charter transport, also called tramp transport, unlike the liner transport, does not operate on a fixed route and a fixed schedule. The tramps go all over the world in search of the goods, primarily bulk shipments, like coal, grain, timber, mineral ores, fertilizers, etc. They are usually carried in complete shiploads. Tramp vessels are engaged under charter on a time, voyage or demise basis6. Voyage charter might be determined by one single or consecutive single voyages or one return or consecutive return voyages, while time charter is on time basis. It might be several months, a year, or even many years. Under demise, or bareboat charter, the charterer has to supply by himself the crew, and the vessel is completely under his control.2. Marine Transport Bill of ladingMarine Transport Bill of lading, shortened as B/L, is issued by the captain or the shipping company or its agent. It is a document to testify that the goods have been received or shipped on board, and will be delivered to a certain place of destination by the carrier. In legal sense, it is a receipt issued by the carrier to have received the goods. It is also a document of title, with which the seller may come to the bank for negotiation of payment, and the bearer can get the goods at the port of destination from the carrier. Furthermore, B/L is the evidence of the carriage contract between the consignor and the carrier. In general, B/L may contains the following information: Carrier Shipper Consignee7 (This column shall be filled in with great care, if L/C is involved, with instructions of L/C) Notified party B/L No. Name of vessel and V/N Port of discharge Port of delivery Shipping marks Description of the goods G/W, N/W, Measurement Freight prepaid or to collect8 Signature of the master or his agent and the date B/L may fall into the following varieties. On board B/L and Received for shipment B/L9 Straight B/L, Order B/L and Open B/L10 (3) Clean B/L and Unclean B/L11 Direct B/L, Transshipment B/L and Through B/L 3. Carriers responsibilities12According to the maritime law of china, the responsibilities of the carrier with regard to the goods carried in containers cover the entire period during which the carrier is in charge of the goods, starting from the time the carrier has taken over the goods at the port of loading, until the goods have been delivered at the port of discharge. The responsibilities of the carrier with respect to non-containerized goods cover the period during which the carrier is in charge of the goods, starting from the time of loading of the goods onto the ship until the time the goods are discharged therefrom. During the period the carrier is in charge of the goods, the carrier shall be liable for the loss of or damage to the goods, except as otherwise provided for in the law. The carrier may enter into any agreement concerning carriers responsibilities with regard to non-containerized goods prior to loading onto and after discharging from the ship. The carrier shall, before and at the beginning of the voyage, exercise due diligence to make the ship seaworthy, properly man, equip and supply the ship and to 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, carriage and preservation13. The carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried. The carrier shall carry the goods to the port of discharge on the agreed or customary or geographically direct route. The carrier shall be liable for the loss of or damage to the goods caused by delay in delivery due to the fault of the carrier, except those arising or resulting from causes for which the carrier is not liable.The carrier shall be liable for the economic losses caused by delay in delivery of the goods due to the fault of the carrier, even if no loss of or damage to the goods had actually occurred, unless such economic losses had occurred from causes for which the carrier is not liable.The carrier shall not be liable for the loss of or damage to the goods occurred during the period of carriers responsibility arising or resulting from any of the following causes: (1) Fault of the Master, crew, pilot or servant of the carrier in the navigation or management of the ship; (2) Fire, unless caused by the actual fault of the carrier;(3) Force majeure14 and perils, dangers and accidents of the sea or other navigable waters; (4) War or armed conflict; Act of the government or competent authorities, quarantine restrictions or seizure under legal process; Strikes, stoppages or restraint of labor; Saving or attempting to save life or property at sea; Act of the shipper, owner of the goods or their agents; Nature or inherent vice of the goods; Inadequacy of packing or insufficiency of illegibility of marks; Latent defect of the ship not discoverable by due diligence; Any other causes arising without the fault of the carrier or his servant or agent. The carrier who is entitled to exonerate from the liability15 for compensation under the above- mentioned causes, shall, with the exception of the fir cause, bear the burden of proof16. The carrier shall not be liable for the loss of or damage to the live animals arising or resulting from the special risks inherent in the carriage thereof. However, the carrier shall be bound to prove that he has fulfilled the special requirements of the shipper with regard to the carriage of the live animals and that under the circumstances of the sea carriage, the loss or damage has occurred due to the special risks inherent therein. The amount of indemnity for the loss of the goods shall be calculated on the basis of the actual value of the goods so lost, while that for the damage to the goods shall be calculated on the basis of the difference between the values of the goods before and after the damage, or on the basis of the expenses for the repair. The actual value shall be the value of the goods at the time of shipment plus insurance and freight. Where the performance of the carriage or part of the carriage thereof has been entrusted to an actual carrier, the carrier shall nevertheless remain responsible for the entire carriage. The carrier shall be responsible, in relation to the carriage performed by the actual carrier, for the act or omission of the actual carrier and of his servant or agent acting within the scope of his employment or agency. Where a contract of carriage by sea provides explicitly that a specified part of the carriage covered by the said contract is to be performed by a named actual carrier other than the carrier, the contract may nevertheless provide that the carrier shall not be liable for the loss, damage or delay in delivery arising from an occurrence which takes place while the goods are in the charge of the actual carrier during such part of the carriage. Where both the carrier and the actual carrier are liable for compensation, they shall be jointly liable17 within the scope of such liability. 4. International conventions on marine transport18A.Hague Rules:a) imperfect liability with fault19b) period of responsibility: tackle to tacklec) amount of limitation of liability: 100 pounds/unitd) Limitation: 1 yearB. Visby rules:a) amount of limitation of liability: 1000 gold francs/unitb) limitation: 1yearC. Hamburg rulesa) liability: presumed liability with fault20b) period of responsibility: reception to deliveryc) amount of limitation of liability: 835SDR/unitd) limitation: 2 yearsIII. EXERCISE1. Give the English equivalents to the following Chinese expressions:分批交貨一次性交貨象征性交付實(shí)際交付轉(zhuǎn)運(yùn)聯(lián)運(yùn)多式聯(lián)運(yùn)班輪運(yùn)輸租船運(yùn)輸租船合同定程租船運(yùn)費(fèi)表記名提單指示提單托運(yùn)人空白背書(shū)2. Translate the following sentences into English?1) 提單是指用以證明海上貨物運(yùn)輸合同和貨物已經(jīng)由承運(yùn)人接收或裝船，以及承運(yùn)人保證據(jù)以交付貨物的單證。 提單的法律作用包括三個(gè)方面：運(yùn)輸合同的證明、貨物收據(jù)及物權(quán)憑證。 班輪又稱(chēng)定期船，是指在固定的航線(xiàn)上，按照既定的港口順序和預(yù)先公布的船期表，并收取相對(duì)固定的運(yùn)費(fèi)進(jìn)行經(jīng)常往返運(yùn)輸?shù)拇啊?國(guó)際貨物運(yùn)輸是指承運(yùn)人受托采用一種或多種運(yùn)輸方式，將托運(yùn)人托運(yùn)的貨物從一國(guó)境內(nèi)的某一地點(diǎn)運(yùn)至另一國(guó)境內(nèi)某一地點(diǎn)的運(yùn)輸。 清潔提單是指承運(yùn)人注明貨物“表面狀況良好”，或?qū)Ρ砻鏍顩r未加批注的提單。 漢堡規(guī)則對(duì)承運(yùn)人的賠償責(zé)任基礎(chǔ)實(shí)行推定過(guò)失責(zé)任原則，而海牙規(guī)則則實(shí)行不完全過(guò)失責(zé)任。 3. Fill in the blanks with appropriate words:1) Delivery in business transaction denotes that the purchased goods to be carried to a _ destination.2) By shipment, it generally means the loading of the goods on _ a carrier.3) The _ delivery is that the actual goods are delivered to the buyer or his agent by the seller at the agreed time and place.4) _ in ocean shipping, is the movement of the goods in transit from one carrier to another before the goods arrive at the port of destination.5) _ transport, a new mode of transport, is the conveyance of cargo by at least two modes of transport.4. Answer the following questions:1) What is the difference between clean B/L and unclean B/L?2) Can a straight B/L be negotiable? Why?3) Under CIF term, whether the freight is prepaid or to be collected according to indications on the B/L?4) What is symbolic delivery of the goods?5) Which methods are used in calculation of the basic freight charges of liners?6) What does a B/L mean