A Study On The Liability Of Carrier In Rotterdam Rules

This paper is a study on the liability of marine carrier in "Rotterdam Rules" with the influence on "Korean Maritime Law". Rotterdam Rules, which was adopted in December 2008 by UNCITRAL, has several provisions in relation to the liability of carrier. The Rules will be expected to replace the Hague Rules(1924), Hague-Visby Rules(1968) and Hamburg Rules(1978) as those rules have become outdated. Rotterdam Rules are developing by law applicable to the record transferred in the liabilities of carrier, the Rotterdam Rules adapted the exception list of liability and expand to not just tackle or port place but from the place received to the place for delivery of the goods. And it was endeavoring to harmonize the balances between carrier and shipper in the contract of carriage of goods.This paper provides the liability of carrier in Rotterdam Rules compared with Hague-Visby Rules, Hamburg Rules, and especially Korean Maritime Law by nomothetic analysis and comparative method. Then it analyzes the influence on Korea Maritime Law.In addition to introduction and conclusion, the paper is divided into five sections.The 1st chapter introduces the process of Rotterdam Rules'promulgation and important concepts that includes the provision of Multimodal transport of Goods. And in the 2nd chapter, compares and makes an analysis of international rules (Hague Rules, Hague-visby Rules, Hamburg Rules) from the following three aspects:the scope and period of liability, carrier's obligation and liability, carrier's limitation of liability.The 3rd chapter, the author studies on the background and contents of revised Korean Maritime Law. Then in the 4rd chapter, same as the aspects of the 2nd chapter, compares and makes analysis of Rotterdam Rules and Korean Maritime Law.It is required to check the overall matters such as situation in Korea and opinion of the business circle so as to judge whether Korea accepts Rotterdam Rules or not. It is necessary to study the possibility of amending the current commercial law, the adjustment of opinion between shipping company and shipper, the international unification of convention. Hence, the 5th chapter, the Author makes a general comment on the influence of Rotterdam Rules and thinks that it is required to combine comprehension of all parties so that Rotterdam Rules can be fixed as paradigm of new age.