Study On Maritime Deviation

Maritime deviation is the circumstance often may happen in shipping practice. Both International maritime transportation convention and national maritime legislation stipulate that not to do unreasonable deviation is the compulsory duty of the carrier.But lack of corresponding provisions for the legal properties and the legal effect of deviation.This paper will start from introducing the definition,characters and constitutions of deviation,and then discussing and analysissing the legal liability and legal effect of the deviation,comparing to our present legal system of deviation, in order to put forward some corresponding countermeasures for our country's maritime legislative changes,and some suggestion for the carrier to solve the deviation in shipping practice.The thesis consists of three parts-Introduction,Main Body and Conclusion.The Main Body is divided into three charpter:Charpterâ… summarizes the basic theory of the maritime deviation.Firstly introduces the deviation of the broad and narrow definition,and distinguish the deviation from change of voyage,then starting from narrow definition discuss the constituents of deviation.According to the different purpose,deviation will regard as the reasonable deviation and unreasonable deviation,and point out the standard for judge the rational of deviation.Based on the latest development trend of how to deal with the rules of Rotterdam,put forward some corresponding countermeasures.Charpterâ…¡analyse the effectiveness of liberty deviation clause.Through introducing the governing law clause of B/L and combining with the contract interpretation method,point out that the "liberty" is s not absolutely,the terms of the contract must be to do not violate the basic purpose of the contract.Charpterâ…¢discuss the legal consequences of deviation.First clear the constitution of deviation responsibility and how to bear responsibility for the unreasonable deviation.Secondly analyses the legal consequence of carrier's rights such as,provision of exemption,package liability limitation and time bar protect those especially caused by unreasonable deviation and analyses the influence of Maritime insurance,and put forward corresponding countermeasures.