A Study on The Liability Framework Relating to The Shipping Industry by Rotterdam Rule and Martime Law of R.O.C-- Centering on Liability of Carrier and Performing Party
| Autor: | Jeffery Wu, 吳宗傑 |
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| Rok vydání: | 2013 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 101 The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Rotterdam Rule) had been adopted in December 2008, and was opened for official signatures at Rotterdam in September of 2009. The convention has since attracted diverse public discussions among parties involving oversea shipments and thus its influence should not be underestimated. The most important shift of Rotterdam Rule relates to changes on the basis of carrier’s liability and the increased provisions on burden of proof to both shipper and carrier. This shift of Rotterdam Rule not only places influence on the role playing by shipper and carrier in the management of maritime transportation in accordance with maritime laws, but also constitutes a common regulation on the obligation and duty of carrier and shipper in dealing with maritime business and civil activities alike, relating to international maritime transportation. Consequently many expect that under the stable and safe regulation of Rotterdam Rule, international maritime transportation and trading, commercial or civil activities can be operated and developed in an orderly manner. This essay introduces and analyzes the obligation and duty of shipper and carrier of Rotterdam Rule in comparison with the Maritime Law of the Republic of China. Through the inductive reasoning method the author tried to summarize the individual regulation pattern of both the Maritime Law of Republic of China and Rotterdam Rule for carrier and performing party based on major provisions of both laws. By discussion on practical cases, the author intends to analyze these regulation patterns in terms of mostly protecting the rights of carrier. This will serve as well a conclusion of this essay and providing suggestions for future possible amendments to Maritime Law. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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