Study on the Legal Status of Port Operators in the Background of Maritime Law Revision

Abstract

The legal status of the port operator is a difficult issue that has long plagued the theoretical and practical circles of maritime law, the root of which lies in the lack of a clear legislative basis for the definition of the legal status of the port operator, so that the determination of this issue is not uniform in the judicial practice. The 1992 maritime legislation and the current maritime law revision work in the chapter of the contract for the carriage of goods by sea are adhering to the principle of convergence with the international maritime maritime legislation. The two institutional arrangements of “independent contractors” and “maritime performing parties” under international maritime treaties can solve the problem of the legal status of port operators and provide useful reference for the current revision of maritime law. At the same time, the model of contractual clauses in shipping practice agreeing on the rights and obligations of the port operator provides a complementary solution to the problem.