Economic Analysis On The Carrier's Obligation And Liability In International Carriage Of Goods By Sea

The thesis aims at analyzing and expounding the carrier's obligations and liabilities in international carriage of goods by sea, as guided by the theory of economic analysis of law, making use of the method of economic analysis and based on the purpose of avoiding accidents and reducing social costs, and puts forward relevant suggestions of amendments to the current law of international carriage of goods by sea.The thesis consists of six chapters with the main contents of each chapter as follows: -Chapter 1 "Preface" covers the theme which will be construed in the thesis. Chapter 2 "Introduction to law and economy" introduces the basic presumption, conception and theory of law and economy, providing the theoretical support for the following text. Chapter 3 "Apocalypse of Coase and application of Coase theorem into the establishment of the carrier's obligations and liabilities in international carriage of goods by sea" achieves the important conclusion: the arrangement of rights stipulated by law will have an effect on efficiency. Chapter 4 "Distribution of Risks in the law of international carriage of goods by sea" discusses the principles and steps of distribution of risks, based on which the present regulations will be analyzed. Chapter 5 "Scope of damages born by the carrier of international carriage of goods by sea", in comparison with several kinds of damages, concludes that the most efficient compensation scheme is complete expected damages, and puts forwards relevant suggestions of amendments to the current law. Chapter 6 "Conclusion" is a summary of the thesis.