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2008年联合国大会通过的《鹿特丹规则》试图平衡船方和货方的利益,提高了承运人的责任;但货方的举证责任随之提高,涉及货方责任的内容也明显比原来的国际公约增多,使货方很难真正从中获益。因此,在国际和国内货方中均出现了一些反对的意见。船方与货方的关系在法律规定上看起来是平衡的,但双方的利益是否达到真正平衡?这是值得考虑的。
The Rotterdam Rules passed by the UN General Assembly in 2008 attempted to balance the interests of the shipowners and the cargo carriers and raised the responsibility of the carrier. However, the burden of proof on the cargo ship side increased and the responsibility of the shipowners involved was significantly higher than the original International Convention Increased, so that the cargo is difficult to really benefit from it. As a result, there have been some dissenting opinions in the international and domestic cargo markets. The relationship between the ship and the cargoes seems to be balanced by the law, but is it worth considering whether the interests of both parties have truly come to balance?