Font Size: a A A

Study On The International Shipping Carrier Fault Exemption System

Posted on:2016-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:M WanFull Text:PDF
GTID:2296330479488292Subject:Law
Abstract/Summary:PDF Full Text Request
As an important part of the carrier’s liability system, shipping fault exemption system is one of the core issues of international maritime law and an unavoidable focus in international maritime legislation. The system has an important effect on maritime transportation business and international trade. Building on the basis of the social and economic development level, this system clarifies the rights and obligations of both carriers and shippers, balances the interests of both sides, and promotes the development of shipping industry. However, with the progress of science and technology, maritime transportation business and international trade have taken tremendous changes. Cargo status and strength of both sides have also changed substantially. These changes promoted the revision of international maritime legislation. To reserve or abolish this System has become a focal point.Based on the analysis of historical development the shipping fault exemption, this paper further explains the reason for reserving or abolishing this system, and studies what kind of impact the abolition of the system will have upon the carrier and other maritime legal system. Finally, against the international trend of abolishing the system, China should decide how to deal with it.To abolish the fault exemption system, which has significant impact on related maritime legal ones, embodies the compromise of both parties’ interest. At the very beginning, it is a fair system, but with the development of the international shipping industry, the complete fault liability system confronts new problems. Taking the domestic condition into consideration, China should reserve the practice of the system. However, with the continuous development of shipping and trade, the international trend should, undoubtedly, be observed. Our government, legislation, shipping industry should take some corresponding measures to make preparation for the abolition of the system, so as to better integrating themselves into the international shipping industry.
Keywords/Search Tags:Nautical fault exemption system, reservation, abolition
PDF Full Text Request
Related items