Analyses of the Impact on Seaborne Cargo Carrier’s Liabilities by Rotterdam Rules

• Main Authors: Sing-Hua Wu, 吳幸樺
• Other Authors: Chih-Ching Chang
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/07888773240639578978

碩士 === 國立臺灣海洋大學 === 航運管理學系 === 98 === Owing to the recent development of transportation technology in commercial practices, the scope of transportation service have been extended largely. Under such a circumstance, these operations have stretched beyond the harbor area, making door-to-door services the new main stream of international maritime transportation. In addition, the diversified influx of commodities has increased extra responsibilities on carriers due to the inevitable increase of contingent risks. Such changes also highlighted a new trend and development in the e-commerce practice. However, the facts of the above developments appeared in the diversity with various regulations such as the Visby Rules, the Hamburg Rules, and the United Nations Conference on a Convention on International Multimodal Transport of goods 1980. To solve the difficulties arising from the above, the United Nations Commission on International Trade Law (“UNCITRAL”) enacts the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, also known as the Rotterdam Rules. In this latest Convention, we may see several new rules and modifications on the liability of carriers, the duty imposed on shippers, transport documents as well as other related regulations. Focused on the liability of carriers, this thesis aimed at the changes brought about by the Convention from four dimensions – time period for carrier’s mandatory liabilities, obligations of the shippers, exemption clauses, and rules on all other related duty. By comparisons of different Conventions and the Maritime Act of Taiwan, this thesis not only illustrates the prevailing regulations but also analyzes practical developments in the industry and those corresponding legal frameworks with reference to the current international maritime transportation situation. Thesis also provides the overall analysis by comparing relevant provisions of the Rotterdam Rules and the Maritime Act of Taiwan.