碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 99 / "Hague Rules", "Hague Visby Rules" and the "Hamburg Rules" are now the major international conventions in the field of international maritime transport of goods law. Because these conventions were made at different stages of development of shipping, on behalf of the interests of different countries, it’s quite different on the convention concluded, their requirement of ocean carrier’s principle of responsibility, responsibility, limitation of liability and other issues. Furthermore, corresponding to the international convention or national law, interpretations were quite different in different legal systems or countries. UN General Assembly adopted the International UNCITRAL draft convention on the contract of carriage of goods by sea, and approved the signing ceremony to be held in Rotterdam, the Netherlands on September 23, 2009 which called the "Rotterdam Rules." It’s still indeterminate whether the new convention can exceed its legislative from the mentioned conventions.
This article is to a study on seaborne cargo carriers’ liability regime which focuses on the duty to care for cargo. We would like to explore the theory and practice of that and we would like to analysis the evolution of international law, meaning and practice of status and related issues. In addition, we would view our norms and practices related to our maritime law and explore the future development of carrier’s liability regime through Rotterdam Rule.
First, this thesis introduces the seaborne cargo carriers’ liability regime and reviews the evolution of international legislation. We introduce variety of legal systems and the principle of liability under international conventions and scope (in chapter two). Second, we compare the norms of seaborne cargo carriers’ liability regime in the mentioned conventions which content contract of carriage, the convention applies the liability during transportation period, the obligations and responsibilities of transportation, duties and responsibilities of others (in chapter three). Third, we analysis the system specification and practice of our maritime law which focus on the ocean carrier’s identity, obligation, liability, the validity of said to contained clause( in chapter four). Forth, we analysis cargo damage case correspondent with related judicial opinion, its disputes and analysis the impact of the Rotterdam Convention (in chapter five). In the end, we summarize all above opinions to make the conclusions and the suggestions.
| Identifer | oai:union.ndltd.org:TW/099NTOU5273010 |
| Date | January 2011 |
| Creators | Yu-Ting Pei, 裴玉婷 |
| Contributors | Bian-Sheng Uei, 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 | 200 |
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