碩士 / 國立暨南國際大學 / 管理學院經營管理碩士學位學程碩士在職專班 / 106 / Ocean carrier is responsible for providing seaworthy ships to carry on it's liability under the contract of sea transportation. In accordance with the British case law jurisprudence in the past, the ocean carrier should take full responsibility for the cargo carrying by it's seaworthy vessels. While the American Harter Act and thereafter international maritime convention, the Hague Rule , in the 20th century reinterprets the carrier's responsibility from the full care responsibility to the responsibility of relative careness. The ocean carrier after fulfilling its relative responsibility so as able to exempt from the liability of the cargo damage or loss during the ocean transportation. According to the code of Taiwan Maritime Law, Article 62, on the requirements of sailing and operation : the carrier or the ship owner shall be bound, before and at the time of the commencement of the voyage, to exercise due diligence to ; 1.make the ship be capable of navigating safety. 2. proper man, equip and supply the ship. 3. make the holds, refrigeration and cooling chambers, and all other parts of ship used to carry the cargo, fit and safe for reception, carriage and preservation .The carrier is not liable for the damage or loss resulting from an unexpectable loss of capability for the navigation of the ship after sailing. The burden of proof shall be on the carrier or the ship owner claiming exemption provided in the preceding paragraph. According to the code of this Law, the ocean carrier or the ship owner shall provide the proof of claiming for decreasing or exempting its liability, otherwise, the ocean carrier shall not be able to claim for decreasing or exempting and limited its liability. To solve the various problems and disputes, the International Safety Management Code (ISM)has been implementing globally. In the real practice ,the purpose of establishing the ISM is to set a lowest standard of preventing pollution. Now, the ISM has developed to be a mandatory rule that is crucially impacted on the judgement of the seaworthy ships. The purpose of this article will focus on the impact of this code against the ocean transportation community. Furthermore, according to the report from the Institute of Transportation, MOTC which studied the accidents at the domestic ocean transportation in recent years, the accidents will be decreased in case it is under the critical ISM practice, this could prove the effectiveness of the ISM implementation.
| Identifer | oai:union.ndltd.org:TW/106NCNU1457022 |
| Date | January 2018 |
| Creators | Huang,Chia-Lin, 黃嘉麟 |
| Contributors | Yu,Shiuh-Sheng, 俞旭昇 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 52 |
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