碩士 / 國立臺灣海洋大學 / 航運管理學系 / 102 / The main purpose of International Conventions of Maritime Transport is to regulate related obligations, liabilities and rights between parties in contracts of carriage, and to balance such legal relationships among carrier, shipper, and related parties. However, previous international treaties primarily focus on the obligations and liabilities of the carrier, with minor or very limited regulations on the obligations and liabilities of the shipper.
Owing to the globalized development among transportation technology and the fast-paced change in international trade, current international treaties appear to be obsolete and may not be able to fit in all practices relating to international carriage of goods by sea. Therefore, the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (also known as “the Rotterdam Rules”) was enacted in 2008. The Rotterdam Rules not only contains many innovative regulations, but also pays great attention to the obligations and liabilities on the shipper’s end. It pioneers in combining rules pertinent to the shipper into one independent chapter consists of eight articles, and these regulations carry on the core concepts from previous international conventions and further improve those notions in detail. In addition, the Rotterdam Rules also creates new terminologies and thorough guidelines in regulating legal rights and obligations of the shipper.
This thesis targets on the obligations and liabilities of shipper, introduces related regulations stipulated in various International Conventions of Maritime Transport (namely Hague Rules, Hague-Visby Rules, Hamburg Rules, United Nations Convention on International Multimodal Transport of Goods, and Rotterdam Rules), and further compare and contrast with rules from the ROC Maritime Law. By laying out the differences among previous international treaties and those in the Rotterdam Rules, and correlating with the comparison results from the Rotterdam Rules and the ROC Maritime Law, this research deepens into analyses on potential influences to and from the shipper’s end once the Rotterdam Rules comes into force. Lastly, this thesis wishes to conclude by providing opinions and suggestions for authorizes on future modifications of the ROC Maritime Law.
| Identifer | oai:union.ndltd.org:TW/102NTOU5301007 |
| Date | January 2014 |
| Creators | Huang, Yu-Chi, 黃毓綺 |
| Contributors | Li, Chia-Yi, 李佳逸 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 100 |
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