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The Study on the Carrier’s Liability Regime of International Carriage of Goods by Sea

Author: JiaXinJuan
Tutor: SunChunWei
School: Harbin Engineering University
Course: Economic Law
Keywords: The responsibility of the carrier Imputation Principles Limitation of Liability Disclaimer
CLC: D996.19
Type: Master's thesis
Year: 2009
Downloads: 129
Quote: 3
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Abstract


The liability of the carrier system is the foundation and core of the entire international maritime cargo transport legal system . The adjustment of the carriage of goods by sea , the International Covenant on three : \Three international conventions are stages of development in different shipping countries representing different interests to conclude the three conventions for the carrier 's responsibility principle, the scope of responsibility , Limitation of Liability provisions are quite different , resulting in an objective carrier legislative chaos and conflict of the liability system , the law lost stability and predictability . This is extremely detrimental to the development of the international shipping industry and international trade , and the three international conventions have also been gradually adapt to the practical requirements of the continuous development of the international shipping industry and maritime technology . In this context , commissioned by the United Nations Commission on International Trade Law , the International Maritime Committee drafted a new draft of the recommendations of the international maritime transport of goods Uniform Law . This article is the purpose of the definition of responsibility from the carrier to start analysis from a legal point of view , the principle of liability of the carrier and the liability system , at the same time select a representative , such as the legal obligations of the carrier , the period of responsibility , the responsibility restrictions and disclaimers , delay in delivery elaborate analysis of the meaning of the provisions of the relevant laws , to sort out the various points of view in different periods of the academic community , criticism , and put forward their views on the issue of the legislative intent of the relevant legal provisions , real working condition of the legal description and Comment . Updates and changes combined with the practical requirements of the international shipping industry and marine technology development , international trade works , with reference to the legislation of the developed countries, the liability of the carrier system , put forward their views on the liability of the carrier system modifications , so that China Maritime sector in making process of the maritime Transportation Uniform Law \

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
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