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Cargo interests’ title to sue the carrier to recover loss or damage caused by the carrier’s default is a crucial issue in carriage of goods by sea. However, the current maritime code in China does not provide explicit guidance on this issue. One significant problem that arises therefrom is whether the shipper who has transferred the bill of lading to the endorsee/consignee is still entitled to sue the carrier. This article critically examines the current rule under the Chinese Maritime Code 1993 and pinpoints the fundamental loophole that gives rise to the aforesaid problem. In addition, based on reviewing various solutions provided by other jurisdictions, this article discusses the possible solution that could be considered when reforming current maritime law in China.
Original languageEnglish
Article number12
Pages (from-to)155-182
Number of pages29
JournalJournal of Maritime Law and Commerce
Volume48
Issue number2
Publication statusPublished - Apr 2017

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