碩士 / 國立海洋大學 / 海洋法律研究所 / 90 / The risk of collision at sea between two vessels has been
inevitable since humans were engaged in sea or ocean
transportation. Besides, owing to the freedom of world trade,
ocean transportation has become busier and busier day by day.
The ships have been increasingly built with large types,
automation, containerization, specialization, and highly accumulated capital investment of ships. The cost of ships and the charges of their repairs and maintenance are much higher than they were. Therefore, the loss and damage caused by collision are much greater and more tremendous than what they were before.
The Maritime Law of the Republic of China (ROC) was adopted in 1962 and had been promulgated without any revision for almost thirty-seven years. Till June 22, 1988, the revision of the Maritime Law was passed by the third reading in the Legislative Yuan, and promulgated on July 14 of the same year. Yet, the chapter of collision between ships in the Maritime Law was slightly revised. The inevitable collision of ships comes along with the increasing growth of frequent communications between the people on the Straits. Therefore, I want to survey the laws related to collision at sea of ROC and those of mainland China (PRC) and make a general comparison of those laws and the relevant laws of the InternationalMaritime Organization (IMO).
In addition to an introduction, an analysis of the actual
maritime cases, and a conclusion, the thesis focuses on the
main part, which consists of five chapters and 23 sections. In
the first chapter I will give a clear definition of ships and
vessels, and then making a comparison of the scopes of ships
in ROC Maritime Law and PRC Maritime Law. Furthermore,
I will discuss the similarities and differences of the two laws
relevant to maritime collision. Chapter II discusses the concept of ship collision, giving a general description of the appearance of the new concept of maritime collision and its scope and influence. Chapter III concerns a historical review of the development of the IMO relevant to maritime collision, focusing on a complete introduction to its important contents. Chapter IV dwells mainly upon the standard of judgement on the
liabilities of ship collision and the types of its sponsibilities
and liabilities. In the chapter, I will make a comparison of the contents of the assured general regulations of collision and those of the specific ones. Chapter V discusses the following main points:1) the responsibilities or liabilities of ship collision in the public laws and private laws, 2) the calculation of compensation and scope of its loss and damage of the parties, 3) the adaptation of the laws relevant to ship collision, 4) the choice of jurisdiction courts, 6) the enforcement and the procedure of the rule to the ships, and 7) the reception or rejection of the judgement in the foreign countries. In the conclusion, I will make a complete comparison of the regulations of ship collision in both ROC and PRC Maritime Laws. Furthermore, I will make an analysis of the tendency of future development of global maritime, and discuss some proposals and suggestions to deal with maritime collision in the lawmaking in our Legislative Yuan., It is hoped that an
urgent assimilation of the regulations of ship collision in our
internal Maritime Law to the those international conventions
is supremely important in the future, not only because the scope of ship collision is considerably wide but also because it is regulated by many international common laws.
Key words: maritime collision; ship collision; sea or ocean
transportation
| Identifer | oai:union.ndltd.org:TW/090NTOU0273004 |
| Date | January 2002 |
| Creators | 余鴻斌 |
| Contributors | 尹章華 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 188 |
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