碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 94 / The purpose of this thesis is making research of the liabilities of marine cargo carrier by the economic analysis of law. Using game theory to analyze the interaction between carriers and shippers, it should be the most important goal of the legislation in marine cargo transportation law to enhance the efficiency of the marine market.
The marine market is depended on both of carriers and shippers. It has been considered of the costs between carriers and shippers in legislation in marine cargo transportation law. I think that enhancing the efficiency of the marine market is based on thinking over the profit between them. In the past the law preferred to only protect carriers but it wasn’t good for the development of the marine market economics. Now we have to do is taking the balance in the liabilities between them.
Since the Harter Act in 1893, the Hague Rules in 1924, the Hague Visby Rules in 1968, the Hamburg Rules in 1978, and the Uncitral Draft Convention on carriage of Goods by Sea in 2002 have been ratified, denunciated, accessed or argued, the liabilities of the carrier have been changed. Abolishing the exemption clauses of navigational risk or not is a evidence to proof the change of the carrier’s liabilities. The exemption clauses of navigational risk will make the carriers ignore the act, neglect or default of the master, mariner, pilot or other servants in the navigation or in the management of the ship. Although the individual cost of the carriers became lower if it existed, the total cost in the marine market economics still grow up. Abolishing the exemption clauses of navigational risk will be a better policy to enhance the efficiency of the marine market.
| Identifer | oai:union.ndltd.org:TW/094NTOU5273019 |
| Date | January 2006 |
| Creators | Kai-Hong. Fang, 方凱弘 |
| Contributors | Bian-Sheng. Cuei, 崔汴生 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 370 |
Page generated in 0.0021 seconds