Legal Problems On Containerization

• Main Authors: Hsia -an Tai, 戴陜安
• Other Authors: 尹章華
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/78973613216705982525

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 92 === Abstract The containerization of carriage by sea can simply the package process for shippers to ensure the security of goods and keep competition in international trade. For carriers, the containerization can lower the cost and increase the efficiency of carriage to accomplish fast, economical and safe carriage. Therefore over 90% of the carriage of goods by sea is through containers nowadays. Although the maritime law in Taiwan has been amended to a great extent in 1999 based mainly on The Hague-Visby Rules and some on The Hamburg Rules, some stipulations are still not so clear as to resolve the problems induced by carriage through containers. It reveals the insufficiency of laws for regulation. This thesis begins with operation of container carriage and continues to discuss legal issues of container carriage，whether or not the responsibility of carriers affected by the seaworthiness of container carriage，units of account of container carriage in package limitation and validity of reservation or unknown clauses due to different packers. Further comparison is made between the revised and original editions of the maritime law of Taiwan and the scholars’ comments on the amendment are analyzed and summarized. On the basis of global maritime laws and taking in The Hague Rules, The Hague-Visby Rules, The Hamburg Rules and other related international conventions, the comparative law is adopted in analyzing the differences between two editions of maritime law and international conventions and laws. It is intended that the revised maritime law can serve the shipping business satisfactorily and meet the practical and global needs of shipping in the 21st century. This thesis is composed of seven chapters, including： Chapter 1：Introduction：To interpret the motivation, objectives, coverage and methods of conducting the research and essay texture. Chapter 2：General description of container carriage：the definition and evolution of container carriage, container dimension, relation between deck cargo and container carriage, the evolution, legalization and optional stowage clauses of deck cargo, the responsibility of the carrier under different legal circumstances, the impact of booming container carriage on deck cargo banned in the Middle Ages, and container nature ( legal position ). Chapter 3 ：Container carriage and seaworthiness of ships： the content of seaworthiness, nature of seaworthiness duty, standard of duty of care, faults of servants of the carrier, period of seaworthiness, whether or not the responsibility of carriers affected by the seaworthiness due to different packers, the party of burden of proof for duty of care of seaworthiness, the priority between the before- mentioned and the exception of the carrier and their mutual relation. Chapter 4：Limits of liability of the carrier in container carriage：limits of quota of liability in international convention and foreign and domestic laws, the liability of the carrier due to damage to containers, the circumstances under which the carrier can claim the benefit of limits of liability, the standard of unit of account in limits of liability and the loss of right to limit responsibility, all above concerning the compensation for damages of carriers. Chapter 5：Validity of reservation or unknown clauses of container carriage：the meaning, function, nature, type and required items of the bill of lading, the validity of said to contain clauses of container carriage and its legal relation with limits of liability, to determine the “package”of limits of liability under the bill of lading of reservation clauses. Chapter 6：Rearch on problems of practice Chapter 7：Conclusion and suggestion：Results of research and suggestions for amendment of laws in hope the maritime law can resolve the impact container carriage has brought and keep up with the trend of times to make the maritime law meet the practical needs of international trade.