The Study On The Unit Limitation Of Carrier's Liability In The International Carriage Of Goods By Sea

In the international carriage of goods by sea, the unit limitation of liability is an important issue of the carrier's liability. During these years, as the development of the shipping practice, many problems have occurred about the unit limitation of liability. In the draft of Transportation Law, this law issue has been provided as one chapter, but many problems are still remaining. This law issue needs more researching.This article compares different provisions of the international conventions and CMC, analyses the draft of Transportation Law and does research into the problems concerned. Meanwhile, this article probes the possible errors and flaws, presents the author's own ideas and resolutions.The article is composed of 4 chapters besides the foreword and the conclusion. Chapter I is an analysis concerning the types of loss covered by the unit limitation of liability. In this part, the author considers the due types of loss, and analyses how to compute the limitation. Chapter II emphasizes to discuss the amount of the limitation. In this part, the author arranges the factors of the consideration for asserting the limitation, ascertains the due scope of limitation amount, analyses the problems about the gold item and different currency units, provides the resolution for the computation of the limitation of container goods, demonstrates the influence on the global limitation of liability and the shipper's limitation of liability. Chapter III carries on the meticulous analysis to the loss of limitation, the author analyses the difference between gross negligence and with knowledge to the loss, probes the loss of the delay limitation, considers the influence brought by the ISM code, reflects on what influence the loss of the employee's limitation and the agent's limitation makes to the carrier. Chapter IVis an analysis concerning the procedure for amending the amount of limitation. In this part, the author considers whether the procedure should cover the loss of delay, analyses the vote and the adoption of the new limitation, probes the rationality and feasibility of the emergency procedure for amending the amount of limitation. At last, the author considers that the current mode of amending the amount of limitation lies in potential flaws, and provides the resolutions to reference.