无船承运人还是货运代理——兼对中国《国际海运条例》的评论

NVOCCs or freight forwarders?——Comments on the new development of Chinese Regulations of International Maritime Transportation

讨论了货运代理与无船承运人的区别及如何正确界定从事国际海上运输的经营人,指明了他们之间存在的冲突并希望这些问题能够早日得到解决。力图从二者产生的背景出发,借鉴其他国家的相关法律规定,从不同角度来分析货运代理与无船承运人之间存在的关系。

After the entry into WTO, the Regulations of the People's Republic of China on International Maritime Transportation as well as its Implementing Rules had come into force in 1 January 2002 and 1 March 2003 separately. Before that, some regulations on freight forwarding had been promulgated. What the difference between one freight forwarder and one NVOCC? How to identify one operator performed in international maritime transport correctly? This paper points out the conflicts between them on the basis of general introduction of Chinese regulations and rules as well as some foreign laws. Hopefully, the problems may be solved in near future.