碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 94 / The purpose of this thesis is to discuss the effect on the compulsory period of responsibility of sea cargo carrier in amending the Article 63 and Article 76 of new Taiwanese Maritime law in 1999.
Nowadays, regarding the practice of containerized transport and multimodal transport are often used by carriers, the carriers often receive and delivery the goods far away from the sea ports. Acknowledging the practice, an approach has been taken by U.S. Senate COGSA ’99 and UNCITRAL Draft Convention on Carriage of Goods 2005, using sea carriage as a base-line for extending to the period from a place at which the goods are taken in charge by the carrier to a place designated for delivery. Norfolk Southern Ry v. James N Kirby is one decision by the Supreme Court of the United States about the train wreck, The Supreme Court had taken “conceptual approach” that allowing inland carrier to claim protection under the Himalaya clauses. Although the draft convention and the Kirby decision mentioned above are not decisive, the new legal regime will affect to the multimodal transport and sea carriage.
The paper discusses the concept of the compulsory period of responsibility, and then to introduce the international conventions and legal regime of the major nations; and then to further discuss the judicial decisions and the opinion of the scholars, and finally discuss the stipulation and defective of our Maritime Law.
| Identifer | oai:union.ndltd.org:TW/094NTOU5273013 |
| Date | January 2006 |
| Creators | An-Tai Wu, 伍安泰 |
| Contributors | Tse-Tung Ko, 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 | 196 |
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