碩士 / 國立臺灣海洋大學 / 商船學系所 / 95 / Sea transportations are mainly achieved by merchant ships. For a ship navigating on the sea, the ship’s architecture, route planning, cargo work, conveyance of goods, and manning on board are all dominated by seaworthiness. The norm of seaworthiness has been well introduced in maritime law. Recently, more and more modern technologies have been devoted to exploring the ocean than ever. In order to protect the marine environment and the lives as well as properties of seafarers and passengers at sea, International Maritime Organization of the United Nations has been actively engaged in the establishment and revision of the related international convention. Under the variation of international overall environment, international convention has stipulated a strict vessels’ inspection system. In addition to the practical embarkation of a ship for inspections by port state control, the demand for seaworthiness has surpassed original intention with the International Safety Management Code being brought into force.
In this study, documentary analysis and comparative analysis are made through searching and collecting foreign and domestic literatures regarding seaworthiness. Domestic laws and international conventions are herein investigated. It is found that domestic laws do not follow the modifications of international conventions duly. The essential evidence of Ship Inspection Certificate in civil action is weak and the overall performance of domestic ships is not satisfactory in the regional port state control, and so forth. Therefore, suggestions are made for ship’s navigation safety, minimum safe manning and pollution control to amend the present regulations or laws. Moreover, analysis is focused on ship inspection, the precedents and opinions of the court, and the system of port state control in our country. Through this study, the certificates of inspection for a vessel and relevant documents to the enforcement of seaworthiness are reviewed. Viewing the fact that some of the domestic classification societies did not implement inspections as requested by the regulations, some countermeasures thus are rendered. For reference of shipping companies, analyses and propositions of the defects in the inspections of various port state controls are presented. It is expected that this research will facilitate the ship’s owners as well as carriers to have a further acquaintance with the legal system and practice of seaworthiness.
Keywords: Seaworthiness, Ship inspection, Port state control
| Identifer | oai:union.ndltd.org:TW/095NTOU5728004 |
| Date | January 2007 |
| Creators | Chiang, Hui-Min, 江慧敏 |
| Contributors | Chou, Ho-Ping, 周和平 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 166 |
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