碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 93 / ABSTRACT
This purpose of this thesis during the 19th century, the development of vessel's seaworthiness entirely be stipulated in the field of private law. The earliest one which been mentioned is the Hart Action, in year 1893 by USA. With reference to the spirits of Hart Law, the Huge Rule is made in year 1924. In this respect, all of the nations who are major in marine activity, start to use Huge Rule as their blueprint to make up their own marine transportation law. Thereafter, since Huge Rule been published around the world, its impact on worldwide marine transportation is still significant till now. Similarly, the definition of seaworthiness is remained unchanged after its stipulation by Huge Rule. Nevertheless, no matter Hart Action, Huge Rule or the marine transportation law made by each country locally, after all, they are still within the category of private law.
During the 19th century, the development of vessel's seaworthiness entirely be stipulated in the field of private law. The earliest one which been mentioned is the Hart Act, in year 1893 by USA. With reference to the spirits of Hart Act, the Huge Rule is made in year 1924. In this respect, all of the nations who are major in marine activity, start to use Huge Rule as their blueprint to make up their own COGOSA. Thereafter, since Huge Rule been published around the world, its impact on worldwide marine transportation is still significant till now. Similarly, the definition of seaworthiness is remained unchanged after its stipulation by Huge Rule. Nevertheless, no matter Hart Act, Huge Rule or the COGOSA made by each country locally, after all, they are still within the category of private law.
Even though the international convention related to seaworthiness been raised since year 1914, as it was not compulsory thus it was not abided by the nations. Till the publish of International Convention for the Safety of Life at Sea by International Maritime Organization in year 1960, each country was gradually paid their attention on seaworthiness and generated related administrative law to guide shipowners and carriers. Nevertheless, the earliest on placing importance on seaworthiness shall be retrieved to the Paris memorandum made by EU in year 1982. Owing to the establishment of Paris memorandum, open the so called 「Port State Control」 system which made each nations progressively put their concern on the inspection system of seaworthiness. Besides, the continuous amendment and establishment of International Maritime Convention by International Maritime Organization, especially after injecting International Safety Management Code into International Convention for the Safety of Life at Sea, the connotation of seaworthiness is changed thereafter from static management into dynamic management. This is really an important milestone.
Due to the international convention set up by international maritime organization is almost closely linked to each nation's marine policy, by using administrative legislation resort government could intake the maritime international convention into local administrative law system which enable the scope of validity able to reach shipowners and carriers and ensure the substantial effectiveness of seaworthiness. Despite the content of seaworthiness been developed from static management to dynamic management, our judicature field seems still do not quite realize the development of seaworthiness. From the marine cases, it's neither to apply Port State Control and International Safety Management Code to prove vessels equipped physical seaworthiness, but just remain to adopt maritime administrative law to prove vessels equipped nominal seaworthiness only. If could use Port State Control and International Safety Management Code to prove vessels equipped physical seaworthiness, it will be much affirm to shipowners and carriers who exerting efforts on maintaining of seaworthiness.
| Identifer | oai:union.ndltd.org:TW/093NTOU5273017 |
| Date | January 2005 |
| Creators | Jue-Pwu Chao, 趙居樸 |
| Contributors | Robet Lihtorng Chen, 陳荔彤 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 259 |
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