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Maritime carrier liability regime for International Studies
Author: ChenDanHui
Tutor: ZhouXiaoWei
School: Northwestern University
Course: Legal
Keywords: The carrier responsibility international conventions "Maritime law"
CLC: D996.19
Type: Master's thesis
Year: 2011
Downloads: 256
Quote: 4
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Abstract
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The ultimate goal of international carriage of goods buy sea is the cargo safe displacement. And the carrier is the key body to achieving this ultimate goal. It is precisely because the carrier’s, responsibility system is the core of international carriage of goods buy sea.Currently on the International Convention on maritime transport of goods are the focus on the carrier’s, responsibility system. With the international conventions, "Rotterdam rules" appear, it is the fourth Convention to regulate the carrier’s responsibility system. In the shipping industry and law experts set off again on the discussion of ocean carrier liability system boom.This paper used the historical analysis, comparative analysis method, interest measure method to analysis and discussion the Marine carrier liability system’s history, current situation, and development trend. Proposed our country should keep calm, objective attitude to facing the present ocean carrier responsibility system recent development and the future trend of development.This article divides into the introduction, the main text, the concluding remark three major parts. Among, main text including following four chapters.The first chapter, mainly introduce the implication of international marine transportation carrier responsibility system, and ocean carriers Historical Evolution of the principle of liability. Through analyzing change reason for carrier responsibility principle from the "strict liability system" to "not entirely fault liability system" then to "a completely fault liability system". Grasp the Marine carrier liability system development push factor, for further analysis carrier future development trends provide historical basis.The second chapter introduces the present situation of international maritime carrier’s liability system. On the analysis of the existing three convention "Hague rules" "Visby Rules" "hamburger rules", at the same time, highlight introduces the new convention "Rotterdam rules"of Marine carrier liability system to new development.The third chapter, key research international marine transportation carrier responsibility system of basic content, including:Responsibility main body, responsibility period, the carrier legal obligations and exempts of the responsibility. And comparative analysis our country "Maritime law" in the correlation aspect stipulation, proposes own opinion to our country’s correlation legislation. And comparative analysis our country "Maritime law" in the correlation aspect stipulation, proposes own opinion to our country’s correlation legislation.The fourth chapter. On the basis of better understanding to the marine transportation carrier responsibility system historical development, the present situation, the basic question. Analyzes the marine transportation carrier responsibility system in the legislation and the concrete content aspect trend of development. On how to deal with the ocean carrier of the responsibility of the new development and future trends to present views.Conclusion part, Comprehensive above research, Proposed our country follows the international marine transportation carrier responsibility system during the evolution -like trend of development, at the same time, Should be more actively developed shipping industry in China, only continue to improve the competitiveness of China’s shipping industry, we can better safeguard our country interests.
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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
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