A Study on Maritime Performing Party under the Rotterdam Rules

• Main Authors: Lien-Kai Lin, 林廉凱
• Other Authors: 王偉霖
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/74786688194354118538

碩士 === 逢甲大學 === 財經法律研究所 === 103 === Maritime transport is one of the important global commercial trading from the human’s history beginning. Taiwan is surrounded by sea, maritime transport is devel-oped and depend on the maritime transport. Maritime transport tends to complex with the development of science and technology. Performing party plays a very important part in the maritime transporter. So performing party must formulate on the maritime transport’s law usually. The Rotterdam Rules is one of the important maritime transport convention. In this Convention, not only performing party has been refined, but also determines a new word – maritime performing party. Maritime performing party discusses from definition of performing party in this thesis. Hague Rules, Hague-Visby Rules, Hamburg Rules are before the Rotterdam Rules, as well as carry out auxiliary very huge impact of "Himalaya clause" in the discussion of its obligations and responsibilities defined: three conventions from Rot-terdam rulemaking ago. Furthermore, the new rules introduce the concept ─ Rotter-dam Maritime carry out auxiliary and related regulations, to discuss the contents of this evolution process from the development of the Convention, and worthy of note who, during the expansion of the Rotterdam Rules will ship from the responsibility to accept the goods to deliver the goods stop, compared to the previous period Liability Convention and the content more widely, for transporting people and carry out auxil-iary maritime carry out auxiliary also affected. US Supreme Court to practice again introduce perform important decision and assist people who carry out auxiliary ship-ping for discussions, and with the new rules into Rotterdam for comparison. From the comparison of the content, Rotterdam Rules and the United States Supreme Court carry out auxiliary or ancillary to fulfill the responsibility sea limits differ, and this is the need to pay attention to those at the time of the introduction of the Rotterdam Rules. The Maritime Act has for many years without major repair, but the international maritime transport practices and rules of rapid evolution, our response to maritime law and the relevant regulations as soon as possible to discuss the contents of amending the law, and carry out auxiliary be discussed in the specification for the shortage of shipping, such as supplementary maritime Article 76 on the implementation of assisted human content, so that our more complete maritime law, to promote the development of our country’s shipping.