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The Two Sides Under Maritime Law, A Comparison Of The Carrier System

Posted on:2004-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:B R CaiFull Text:PDF
GTID:2206360125961285Subject:International Law
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Both Maritime Code of the People's Republic of China (CMC)and Taiwan Maritime CodefTMC) refer to international convention relating to carriage of goods by sea, so maritime code has its characteristics of unification and internationalism. This dissertation mainly discusses the international convention relating to carriage of goods by sea which both CMC and TMC consult, i.e., the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading ( Hague Rules), Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (Visby Rules) and United Nations Convention on the Carriage of Goods by Sea (Hamburg Rules). By analyzing international conventions both sides can take suitable measures to balance interests of the carrier and shipper.This paper mainly discusses comparison of the carrier in CMC and TMC. It consists of five chapters except the foreword. The foreword is about motive and meaning of research and introduction of TMC. Chapter 1 deals with the identification of the carrier. The author first compares the definition of the carrier in CMC and TMC, begins with the difference which they adopt the rules of international convention. On the basis of difference this paper renders opinions on responsibilities and identification of the carrier and actual carrier. Chapter 2 compares duration of responsibilities of the carrier in CMC and TMC, and they are different in beginning and ending of duration. This chapter also discusses "single duration theory" and "separation duration theon/'about the carrier's responsibilities. Chapter 3 deals with foundation of the carrier's responsibilities. In this chapter there are 2 important issues: one is the obligation to provide the ship seaworthy and bear the burden of proof of seaworthiness; the other is the obligation to take care of goods and bear the burden of proof of it. In addition Section 3 in this chapter discusses deviation from the voyage and delay in delivery. Chapter 4 compares the cause to exoneration from the liability for compensation, performance of the contract, live animal and deck cargoes in CMC and TMC. Chapter 4 discusses the principle of the carrier's compensation for damage to goods, amount of compensation and compares difference between CMC and TMC.This paper adopts analysis and comparison means, among which there is a comparison among adaptation to the international convention, legalstipulations, legal works and practice in CMC and TMC. On the basis of it the author attempts to render suggestion which agrees with international uptrend. After China and Taiwan join WTO, direct transportation of carriage by sea between two sides is an issue they have to face. The difference between two sides in the law and policy must decrease step by step. Otherwise ,it will do harm to develop trade between two sides owing to disputes on three direct links of trade, mail, and air and shipping services across the Taiwan Straits and direct transportation. According to current cooperation and development trend between two sides many issues are worth to make research. This paper only deals with part of them and furnish opinions. The author believes the maritime code in two sides will improve and become perfect on condition that persons in shipping industry and scholars make efforts together.Cai Bing Rui (International Law) Directed by: Professor Wang Gen Xing...
Keywords/Search Tags:maritime code across the Taiwan Straits, carrier, seaworthiness, duration of responsibility, principle of compensation for damage
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