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跨太平洋航线在世界航运格局中扮演着重要的角色,是全球最重要的海运航线之一,中美航线又是其中最主要的组成部分;具体表现为美国航线不仅是因为其运输体量大,还因为其是所有海运航线中法律法规最严、操作难度最大、争议纠纷最多的航线。这就导致美国航线提单实务的运作最为复杂。按照美国《1998年航运改革法》的规定,美国集装箱班轮航线必须签署服务合同,并对合同的签约方和缔约内容作了详细规定;美国航线提单也是海上货物运输合同的证明,本身必须表彰出服务合同的缔约方及或用约方及义务承担方。因此美国航线提单不仅受《1998年美国航运改革法》约束,还受美国FMC监管;稍有不慎,无船承运人或者货主就有可能遭受处罚,不仅其商誉受损,而且有可能面临失去美国航运市场的风险。
The trans-Pacific route plays an important role in the world shipping pattern and is one of the most important shipping routes in the world. The Sino-American route is also one of the most important components of the trans-Pacific route. The specific manifestation is that the U.S. route is not only because of its large transport volume, But also because it is the most stringent laws and regulations in all shipping routes, the most difficult operation, the most disputes disputes. This has resulted in the most complicated operation of the U.S. route bill of lading. According to the “Shipping Reform Act of 1998” in the United States, the container liner service of the United States must sign a service contract and make detailed provisions on the contracting party and the contents of the contract. The U.S. bill of lading is also the proof of the contract of carriage of goods by sea and must be commended Parties to the service contract and / or parties and obligors. Therefore, the U.S. route bill of lading is not only subject to the 1998 U.S. Shipping Reform Act but also to the FMC of the United States. Slightly careless, non-vessel carriers or shippers may be penalized not only for their goodwill but also for possible face Lost the risk of the U.S. shipping market.