碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 93 / Abstract
Due to the equivalent risks and duties of the carriage of goods by sea, the legal issues caused by the utilization of the agent by the carrier are specific issues, which require particular governing principles of duties.
The CMI Draft Instrument on Transport Law, drawn up by the International Maritime Committee (CMI), was submitted to the United Nations Commission on International Trade Law (UNCITRAL) for review in December 2001. On January 8th 2002, the Draft was enacted as the Preliminary Draft Instrument on the Carriage of Goods by Sea, and was handed over to the UNCITRAL Third Working Group on Transport Law for review. In terms of the duties of the agent of the carriage of goods by sea, the Draft proclaims the Himalayas articles in writing that both the subsidiary and independent agents are protected entities. Different from the Himalayas articles, the Draft constructs a complete norm that identifies the duties of the agent of the carriage of goods by sea by regulating that the agent shares equivalent positions with the carrier and also bears the contract obligations and rights of the carrier. The Maritime Law of our country also proclaims the Himalayas articles in writing, yet it still differs from the UNCITRAL Draft. Hopefully, the analyses and comparisons of the discrepancies will provide valuable references for future amendment of the relevant laws.
| Identifer | oai:union.ndltd.org:TW/093NTOU5273011 |
| Date | January 2004 |
| Creators | Michelle Lin, 林青怡 |
| Contributors | 柯澤東 |
| 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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