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On the liability of the carrier system to limit

Author: Anonymous From: www.yourpaper.net Posted: 2010-06-09 01:19:37 Read:
Abstract: limitation of liability of the carrier system since its birth battered cargo dispute, the height of its quota to become the focus of the interests of shippers and shipowners, the evolution of the international rules is to argue that traces of compromise between the two sides. However, the dialectical analysis of the level of the limits of liability are not the interests of both the consumer he will certainly long. China as a maritime countries at the same time the owner should stand on the face of the reality of the different standards in the field of international shipping, a unified benchmark?-Depth analysis of this paper on the above issues.
Keywords: carrier liability limit; limits of liability; the dual responsibility quota system; transportation costs; optimal balance point
Abstract: The carrier responsibility limit system was born from it that day fully suffered cargo both sides to argue that its specified amount's height became the cargo owner and shipowner's benefit focal point, international rules' evolutionary process was argued both sides compromised trace. However, analyzes dialectically, liability limit's height causes bilateral benefit this to disappear by no means other one fixed-length. China takes a shipping great nation simultaneously is also the cargo owner great nation, varies the reality facing the international shipping domain standard, whether can set up an own unified range pole? This article makes as to the appeal question the thorough analysis.
Key words: carrier liability of compensation limit; liability limit; dual responsibility quota system; transportation cost; best balance point

The concept of a carrier system of liability limitation
The limitation of liability of the carrier, also known as unit Limitation of Liability (the Package Limitation of Liability), refers to the loss and damage of goods caused by the carrier is not entitled to exemption as well as delay in delivery, its liability limited to a certain amount within the system, specifically, the unit limitation of liability, as the name implies, the maximum compensation limit is per piece or per freight unit carrier. Relevant international conventions, such as the Hague Rules, the Hague - Visby Rules and the Hamburg Rules and this was provided. China Maritime Section II of Chapter IV of goods by sea contract of carriage "" the responsibility of the carrier specified limit of liability of the carrier lost in the transportation of goods, of course, Chapter 5, "maritime passenger transport contract also provides for the limit of liability of the carrier for passenger personal injury or death.
2 carrier's liability, the establishment and development of a system to limit
Vessel engaged in maritime transport tend to be more vulnerable to maritime transport compared to traditional land-based modes of transport risks specific to the the huge shipwreck and damage accident, to bear the enormous liability, in order to encourage the development of maritime trade, but also because relative monopoly position of the ship in the shipping sector, the exemption system and the system of limitation of liability on the carrier's international practice and international rules have come into being.
Limitation of liability of the carrier system, adopted in Brussels on August 25, 1929 and came into effect on June 2, 1931, the Hague Rules (Hague Rules) "adopted" Hart "is not completely at fault accountability , the liability of the carrier for loss of or damage to the goods, limited to 100 pounds each piece of cargo or per unit of goods. The rules establish a modern system to limit the basic shape of the carrier's liability, the establishment of such a system to adapt to the international political, economic and maritime technical level, the ship, the basic realization of the balance in the interests of both goods on the basis of the system .
However, with the progress of science and society, in particular the increasing levels of international maritime technology, continuous improvement of the conditions of maritime transport, maritime transport risk relatively low, as well as international inflation lead to higher prices of the original Hague Rules tilt the balance of interests of both sides of the cargo, cargo for greater unit limits of liability under the Hague Rules growing louder and louder. As we all know, due to historical reasons, the pattern of international shipping and long-term monopoly of the the veteran developed countries of the international shipping market represents the interests of the ship, although they also endorsed's voice, but it has not completely modify the "Hague Rules". In the early 1960s, the Comite Maritime International (CMI) started to modify the "Hague Rules". Representing the interests of the ship developed and emerging developing countries on behalf of cargo interests after a heated debate, the Diplomatic Conference in Brussels on February 23, 1968 by the Hague - Visby Rules (Hague-Visby Rules). Hague - Visby Rules "using the dual responsibility of the quota system, the limit of liability of the carrier, to each piece of cargo or per unit of goods 10,000 gold francs (about 430 pounds), or 30 per kilogram of gross weight of the goods gold francs, two, whichever is higher. The Hague - Visby Rules "to some extent, increased the limits of liability of the carrier, to restore balance on the basis of the Hague Rules have played a certain role in mitigation, but because basically adopted the point of view of the developed countries, with lack of thoroughness, from the legislative technically only a fine-tuning of the Hague Rules, and not a fundamental solution to the conflicts between the cargo.
With an increasing number of developing countries to participate in international affairs, their position in international trade rising in international trade, and thus they require to protect their own interests advocated progressive attention. Hague - Visby Rules "fine-tuning" Hague Rules "can not meet them called for the establishment of a new order of international shipping in the first place, March 6, 1978 to 31 days in the Goods by Sea Transport Conference held in Hamburg, Germany, the United Nations adopted the the new "rules of Hamburg (Hamburg Rules)." "Hamburg Rules" basically meet the cargo interests, limits of liability, the rule provisions of the limits of liability of the carrier for each piece of cargo or per unit of cargo 835 Special Drawing Rights (SDR) (12 500 gold francs ), or by 2.5 per kilogram of gross weight of the goods Special Drawing Rights (SDR) (37.5 francs), two, whichever is higher, 25% higher than those provided for by the Hague - Visby Rules " .
In the new century, the debate about the limits of liability of the carrier is still more than intense, newly adopted the Rotterdam Rules (Rotterdam Rules) "and carried the liability limit to $ 875 per unit of Special Drawing Rights (SDR) or 3 SDR per kilogram.
Currently, the field of international shipping, the applicable law is no uniform standard, "Rotterdam Rules" trying to replace the three rules to become an international Convention on the unification of the problems and challenges facing bound heavy. But at this stage, the parties to the international trade often need according to their own interests, the select is more conducive to the protection of its own rules. However, no matter what a rule, have recognized the carrier's liability limit system, that is, this particular system has gained.
3 cargo interests of both growth and decline
For the carrier, which is usually the ship, its certainly hope that the limits of liability as low as possible, so you can to a greater extent evade responsibility, risk reduction; same token, the cargo, which is usually the owner, also, of course, want to The limits of liability higher the better, once the carrier is not entitled to exemption causes the loss or damage of the goods, you can get more compensation. It is also because cargo each of the parties to uphold their own interests, will have a system of liability limitation from the day it was born from the highly controversial, and with the changes in the international political and economic development, raising the level of marine technology and boat the ebb and flow of goods both position and branded with the signs of the times, until today, still different opinions.
However, everything has two sides, and the limitation of liability of the carrier system is also a double-edged sword, the level of the limits of liability is not making the interests of both sides of the cargo disappeared, he will certainly be long. For the owner, the higher the applicable limits of liability rules, or higher limits of liability by the two sides agreed in the contract, has always been the traditional thinking seems to be a big protection, and earned a great deal, but the specific dialectical analysis of the situation is not case. Just think, in the modern international shipping market, many shipping companies with each other in order to win the competition, petty favors the interests of small tactical level they are entirely possible to allow the presence of elastic, higher limits of liability, risks, freight, insurance , handling naturally go up, cargo management costs associated with the cost of transit on the way, and port-related costs, etc. range of costs will rise, and this case even if the rise in transportation costs, the carrier is often in such a relatively higher limits of liability tied higher operating costs do psychological transactions, in the end, all of the risks or indirectly passed on to the owner, the costs incurred by the owners themselves have to foot the bill. Similarly, for the carrier, the the boss rule-based low limits of liability, may lose more business opportunities, the shipping market boom might be able to live, to recession, I am afraid that is not easy to maintain a surplus capacity. Moreover, the low limit of liability is also accompanied with low transport costs, freight, insurance and other costs do not increase, it can only bring low profits.
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