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On Legal Problems Concerning Carriage Of Passengers By Sea

Posted on:2004-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:H R LiFull Text:PDF
GTID:2166360155964816Subject:International Law
Abstract/Summary:PDF Full Text Request
Carriage of passengers by sea is a important part of the marine transportation, it has great influence on social life and personal health and safety. Comparing to its great importance, the guiding laws are somewhat out of date.Nowadays, the main arguments relating to carriage of passengers by sea are whether to improve the limitation of liability for carrier; whether to promote no-fault liability; and whether to built the third party liability compulsory insurance. Concerning the development of our society and the needs of people life, the author analyzes our updating laws, with the background of international conventions , the law-making tendency and option, the laws of other countries.As to these arguments, this paper holds the following opinions: The carrier should bear more strict liability—no-fault liability, to enhance the carriers' attention on shipping safety, to protect the passengers more properly.As to those who suffered in sea accident, the carrier, especially the carrier on domestic carriage of passengers, should take higher liability limitation than the current limitation. The details should be determined in accordance with our economic level. At the same time, the author points out that we should build the third party liability compulsory insurance system to improve the compensating ability of the carrier and to give the victims guarantee.
Keywords/Search Tags:Carriage of passengers by sea, No-fault liability, Fault based liability, Limitation of liability, Compulsory insurance
PDF Full Text Request
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