碩士 / 國立臺灣海洋大學 / 航運管理學系 / 100 / For promoting the international trade and reducing the trade barriers, each country will enact its Maritime Law based on its economic environment to cope with the need of its international transport performed by ocean transportation. Since the enactment of the Hague-Visby Rules 1968 and the Hamburg Rules 1978, there are many newly developed shipping practices in international trades, including the common practice of door-to-door service, electronic transport documents, volume contract, requirements of maritime safety and security, requirements of imposing stricter duties and liabilities on ocean carriers and other performing parties, etc. It is necessary to consider all these development and decide whether or not to modify prevailing regulations in order to cope with the change of shipping practices. The Rotterdam Rules are proposed to provide uniform rules for promote international trades and carriage. The part of “Carriage of goods” in ROC Maritime Law has been enacted based on the Hague-Visby Rules. It also faces certain challenges because the change of international shipping practices. This thesis discusses the main contents of the Rotterdam Rules, including the trend international legislation, the scope of application, carrier statutory obligations, statutory exceptions, limitation of liability, burden of proof while exercising the right of cargo claims, as well as other rules relating to carriers’ liabilities, such as volume contract, releasing cargo without production of original transport documents, time bar, electronic transport documents, and shippers’ liabilities, etc. It aims to compare the difference between those rules provided by the Rotterdam Rules and the ROC Maritime Law, provide certain suggestions to the authorities while considering the modification of the prevailing Maritime Law.
| Identifer | oai:union.ndltd.org:TW/100NTOU5301060 |
| Date | January 2012 |
| Creators | Da-Sin Lin, 林妲欣 |
| Contributors | Chih-Ching Chang, 張志清 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 128 |
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