On Legal Issues Relating To Transportation Of Liquid Gas In Tank By Sea

With the steady increasing of the demand for the liquefied petroleum gas (LPG) and the liquefied natural gas (LNG), the conventional modes of transportation for such kind of goods reveal many defects so that the demand and supply of LPG and LNG cannot be effectively balanced, and transportation by mobile tanks, as a new mode of transportation for LPG and LNG, becomes widely used. This thesis will underline the advantages of this new mode of transportation by comparing this mode with other conventional transportation modes.As for the highly complicated and special technics requirement of transportation by mobile tanks, the conventional modes of transportation cannot cover it. In another word, there is lack of law in general shipping and general carriage of dangerous goods that the mobile tank transportation of liquid gas by sea can’t fully apply to. And it also need a special legal system because of its special physical, chemical and technical characteristics. Chapter 1 and chapter 2 will start from the technics and regulations to study the special legal problems of transportation by mobile tanks.Chapter 3 studies the definition and qualification of the subjects under the tank sea transportation of liquid gas, and demonstrates the special rights they have, which are differ from those of the subjects in general transportation of dangerous goods. And then it discusses the limited right to dispose of the goods and the narrow right to refuse transportation of the shipping carrier in the tank sea transportation of liquid gas.Chapter 4, firstly studies the special obligations the transport subjects have in the tank sea transportation of liquid gas, which are differ from those of the subjects in general transport of dangerous goods, and then makes a point that the carrier in tank sea transportation should have the obligation of seaworthiness during the entire voyage. Secondly, for the first time proposes the theory of the double duty applicable goods theory, meanwhile makes diachronic analysis about the carriers’special obligations during custody, loading and discharge, and then explains the notify and labeling obligations of the shippers, as well as with non-liquid gas tanks boat shipper obligations have been analyzed. Finally, discusses the shippers’ strict liability and the exception in the tank sea transportation of liquid gas.In addition, maritime transport is part of the international shipping and trade, which is inseparably associated with the insurance. Without the insurance, the shipping trade cannot be carried on normally in practice due to the special marine risks. So the international shipping and trade needs more insurance protection than domestic trade. Chapter 5, by studying compulsory insurance of pollution liability for the carriage of dangerous goods by sea, combining with the characteristics of liquid gas and the theory of duty of special seaworthiness in tank sea transportation of liquid gas, comparing and analysing the similarities and differences of warranty of seaworthiness of ship between UK and China, establish the system of compulsory insurance of pollution liability for tank sea transportation of liquid gas, and suggest that the warranty of seaworthiness in UK be applied to insurance of tank sea transportation of liquid gas.