What is the general process of international maritime logistics?

Article 41 of China's Maritime Law stipulates: "A contract of carriage of goods by sea refers to a contract in which the carrier is responsible for transporting the goods entrusted by the shipper from one port to another by sea.

From the definition of the contract of carriage of goods by sea, it can be seen that the carrier is one party, usually called the ship's side, whose obligation is to transport the consigned goods from one port to another by sea, and the other party is the shipper, usually called the cargo's side, whose obligation is to consign the goods and pay the freight to the carrier. The object of the contract of carriage of goods by sea is the act of carriage of goods by sea, not the goods themselves, and the ship is the tool to perform the contract of carriage of goods by sea. "Goods", as the subject matter of the contract of carriage of goods by sea, includes live animals and containers, pallets or similar shipping devices provided by the shipper for loading goods.

Second, the characteristics of the contract of carriage of goods by sea

(1) bilateral contract. Both parties to a contract of carriage of goods by sea have rights and obligations. The carrier has the right to collect freight and the obligation to transport the goods to the port of destination safely and quickly; The shipper has the right to pick up the intact goods or claim compensation from the carrier, and has the obligation to pay the freight.

(2) paid contracts. The carrier pays the freight at the expense of the transportation service provided by transporting the goods from one port to another; The shipper collects the goods at the port of destination and pays the freight.

(3) directly involving a third person. Although there are only two parties to the contract of carriage of goods by sea, it directly involves the third party, that is, the consignee. When the consignee is a third party, although it did not participate in the conclusion of the contract, it has the right to directly obtain the benefits stipulated in the contract according to the provisions of the contract and be bound by the contract. During the performance of the contract, the consignee becomes a party to the contract and has independent civil subject qualification, substantive rights and litigation rights such as taking delivery of goods, claiming compensation and bringing a lawsuit. At the same time, the consignee must also bear the corresponding obligations. For example, if the contract stipulates to pay the freight, the consignee should generally fulfill the obligation to pay the freight to the carrier when picking up the goods.

(4) Generally speaking, it is a mandatory contract. Generally speaking, the contract of carriage of goods by sea can be written or oral. However, Article 43 of China's Maritime Law stipulates: "The carrier or shipper may request written confirmation of the establishment of the contract of carriage of goods by sea. However, the voyage charter party shall be concluded in writing. Telegrams, telexes and faxes have written effect. " This clearly stipulates that voyage chartering contracts should be concluded in writing. In addition, the contract of carriage of goods by sea mostly adopts the standard contract format drawn up by the carrier, voyage charterer or multimodal transport operator in advance.