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The Influence Of Draft Convention On The Carriage Of Goods On System Of Collision Of Ships And Corresponding Measures

Posted on:2008-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:X TangFull Text:PDF
GTID:2166360212981222Subject:International Law
Abstract/Summary:PDF Full Text Request
Draft Convention on the Carriage of Goods, being drafted by United Nations Commission on International Trade Law, is a document to adjust legal relation in contract about carriage of goods by sea. On the basis of comparison and analysis, this thesis discusses changes of the Draft Convention on the Carriage of Goods, emphasizes on the research of nautical fault exemption clause, analyzes the influence of the abolishment of the clauses on system of collision of ships and relevant systems, and presents a series of corresponding measures. The author expects the research in this thesis can provide some beneficial references to related departments.There are four parts in this thesis.The first part analyzes the reasons why the nautical fault exemption is cancelled in Draft Convention on the Carriage of Goods. And then it analyzes the background of canceling the nautical fault exemption from the points of its implication and historical evolution. And finally it points out the shock of the abolishment to existing systems.The second part discusses the changes of c system of collision of ships involved in the draft, for example, the changes of definition of ship and the raise of the concept of maritime performing party. It also argues the influence of the draft on collision basis of liability and the principal part.The third part analyses the influence of canceling nautical fault exemption on related systems and law suit procedures. It mainly argues both to blame clause, jurisdiction in collision, insurance system, general average system, division of collision liability and limitation of liability system.In the forth part, for the influence of the draft on existing system, some measures are put forward and some suggestions are offered for the draft clauses and related legislation in our country.At last, this thesis draws the conclusion: the draft nautical exemption clause is cancelled, bui a series of organized work are needed both for the revision of the clauses itself and for the suitability of corresponding law system. The concepts of maritime performing party and ship in the draft will also have some influence on the collision system, and it is hoped that the concepts of maritime performing party and ship could be further defined.
Keywords/Search Tags:Draft convention on the carriage of goods, Nautical fault exemption, jurisdiction area in collision
PDF Full Text Request
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