碩士 / 國立海洋大學 / 航運管理學系碩士在職專班 / 90 / Abstract
After 20-year efforts, both sides of Taiwan straits are admitted to enter the WTO in the Ministerial Conference, at Qatar, the Middle East November 11, 2001.
It is expected that the trades cross the Strait shall be multiple-growth after permission on direct links. Even if there is no direct links, the growth is also expected. There is inevitable disputes under frequent business activities. After reviewing the laws of the two territories regulating the responsibility of the ship owner, can we derive the solution toward the disputes? It is the motivation of this thesis. There are 6 chapters in the this thesis. The first Chapter, introduction, contains the research motivation, goal, range, review of the history, research methods & processes. The second Chapter explains the legislation background of the maritime laws of the two Territories. The third Chapter is main body of the thesis: The comparison the liabilities of ship owners the two maritime laws as well as the related International conventions lose on (1) responsibility scope (2) exemption clauses (3) Limitation of the Liability (4) Maritime Liens (5) ship Mortgages (6) Contracts of Carriage (7) Himalaya clause (8) General Average (9) ship collision and (10) salvage. The fourth Chapter contains prescriptions, governing laws and jurisdictions. The fifth Chapter the different liabilities influence the ship owner''s behaviors on selecting connecting carriers, governing laws and jurisdictions. The sixth, last Chapter, Conclusion and Suggestion.
Although the both sides cross the strait claim that they make their maritime laws according to the international conventions as the most countries of the world did. The trend making the maritime still base on the Hague Rules, Hague-Visby rules and the Hamburg Rules, they are effective nowadays. Besides, there are the International Convention for the Unification of Certain Rules relating to the limitation of the Liability of Owners of Sea-going Vessels, 1924, the International Convention Relating to the Limitation of the Liability of Owners of Sea-going ships, 1957 and the International Convention on the limitation of Liability for Maritime Claims, 1976, all exist. In conclusion, there are some differences on the maritime laws of both sides of Taiwan Straits.
| Identifer | oai:union.ndltd.org:TW/090NTOU1301027 |
| Date | January 2002 |
| Creators | 闕建仁 |
| Contributors | 曾國雄 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 157 |
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