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To Evaluate The Amendent Direction Of Taiwan Maritime Law For The Future From The Legislation Of Rotterdam Rules Focus On The Carrier's Liability System Research

Posted on:2012-08-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y L WangFull Text:PDF
GTID:1116330368980566Subject:International Law
Abstract/Summary:PDF Full Text Request
This essay is mainly studying the carrier's liability system, which are counterparts of performing international carrying of goods contracts. By doing so, this essay discusses the foundment of carrier's responsibility from the perspective of recently adopted Rotterdam Rules, R.O.C Maritime Laws and related regulations.This essay is split into five chapters:Chapterl:This chapter is apreface, introducing the motivation, purpose, document, method and expected effection.Chapter2:This chapter elaborate analysis of carrier's responsibility, and its foundment and regulation system from Rotterdam Rules and other international carrying of goods conventions,including comparison between international carrying of goods conventions on the exception of risk,the period of carrier of responsibility, and the delay of different convention. Rotterdam Rules has expanded forwarder's obligation and responsibility, which might put it encountering harshness of implementation. Can these obligations be conditionally exempted and the above mentioned would be points of this chapter.Chapter3:This chapter focuses on analyzing ongoing R.O.C Maritime Law, inducing and summarizing what international carrying of goods convention it inherits from regulation history and amendment process of law. The criteria it adopts to recognize carrier; contradiction and insufficiency between carrier's responsibility theory and judiciary practice.Chapter4:This chapter compares regulations of carrier responsibility in both active P.R.O.C and R.O.C Maritime Law. In order to the implementation of Rotterdam Rules, what amemdment could the corresponding part of active P.R.O.C Maritime Law make.Chapter5:This chapter addresses how Taiwan could adopt Rotterdam rules advanced new legislation? Recommends amendment clauses and reason according to problem between practice and theory of carrier responsibility clause.
Keywords/Search Tags:Rotterdam Rules, The carrier's liability, The range of carrier's responsibility, Carrier's identifiction
PDF Full Text Request
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