Abstract The Rotterdam Rules (RR) were adopted by the United Nations in December 2008 and opened for Members’ signatures in September 2009. As of July 2010, 21 countries had signed the RR, but none of them had ratified it. One of the major features of the RR is to apply to many aspects of the carriage contract beyond the traditional port-to-port segment of the sea carriage. To facilitate this, a new concept of ‘performing party’ was created. Throughout the RR, carrier and performing party are often referred to alternatively and concurrently when dealing with the cargo interests in the process of sea carriage. However, the performing party is not directly accountable to the cargo interests, and vice versa, nor can the performing party take any direct action against the cargo interests. This paper studies the definition of performing party and its implications, as well as the rationale for such a liability regime and the legalproblems arising from it.

中文翻译：

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鹿特丹规则下履约方责任的认定

摘要 鹿特丹规则(RR) 于2008 年12 月由联合国通过，2009 年9 月开放供成员签署。截至2010 年7 月，已有21 个国家签署了该规则，但没有一个国家批准。RR 的主要特点之一是适用于运输合同的许多方面，超出了海上运输的传统港口到港口部分。为了促进这一点，创建了“表演派对”的新概念。在整个《无线电规则》中，在海上运输过程中处理货物权益时，承运人和履约方经常被交替提及并同时提及。但是，履约方不直接对货方负责，反之亦然，履约方也不能对货方采取任何直接行动。