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On Demarcation Of Liability Of Carrier And Shipper For Carriage Of Dangerous Goods By Sea

Posted on:2012-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2166330335459446Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
With the continuous developing progress of worldwide trade and technology, a great mount of domains involves dangerous cargo, which exist in economic development, science research and commercial trade among nations. Being one of the important of sea transportation, the specialty of seaborne transportation of dangerous cargo is of great concerns by the transportation field and sea law academics. Carriers need transport both non-dangerous goods and that with great danger nature. It is clear that a shipper is not restricted to shipping only goods which carry no risk at all and also true that all goods present some risk. Consequently, drawing a clear line on the liability between carrier and shipper is a long-concerned issue.This paper is based on the legislation about carrier and shipper liabilities associated with transportation of dangerous cargo, build the research framework on theoratical analysis, comparative analysis, empirical analysis and chart analysis. Firstly, the study covers definitions of legal status of carrier and shipper in the transport of dangerous cargo, of their special rights, and of their obligations. Secondly, according to the theoretica basis of shipper liability and leading cases in the developed countries, we concludes the very of the nature of shipper liability, and obligations under the relevant liability. Finally, referrencing to internation conventions and codes on transport of dangerous cargo and laws concerning with maritime transportation of various nations the paper presents a thourough descriptions on liabilities of both parites on dangerous cargo in maritime transportati, which can be an amendment to the current conventions and codes.By a complete review of the liabilities and obligations of carrier and shipper, this paper aims to define the border of liabilities of carrier and shipper concerning the sea transport of dangerous cargo. To make liability burdern reasonable, it is necessary to form a clear and operational of law which will surely both guarantee the safety of seaborne transport of dangerous cargo and boost the prosperty of global maritime trade.
Keywords/Search Tags:Dangerous Goods, Carrier, Shipper, Liability
PDF Full Text Request
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