《鹿特丹规则》承运人责任体系之研究.docVIP

摘 要 承运人责任体系属于国际海上货物运输公约中的核心部分，体现了海上货物运输法的基本价值取向，甚至体现出航运时代的变更。船货双方力量对比的变化达到一定的量变之后必然发生质变，从而导致含有变更的责任基础的新公约的产生。实现承运人责任体系的统一正是国际海上货物运输法律一体化的价值所在。几乎每一部已出台的新的海上货物运输国际公约中，发生变动的部分都必然涉及到责任体系方面。《鹿特丹规则》亦然。 本论文运用文献调查、分析和比较’s liability system is the central part of the international convention on the carriage of goods by sea. It reflects the fundamental value of carriage of goods by sea act as the miniature of the transition of maritime shipping. Achieving the unity of the carrier’s liability is just the value of legal integration. Changes relating to the liability system have occurred to almost every new international convention on carriage of goods by sea. And so “Rotterdam Rules” does. In this thesis, the author uses the literature review, document analysis, comparative analysis, and some a series of qualitative methods to study the carrier’s liability system under the Rotterdam Rules. Besides the introduction and conclusion, the author undertakes four parts in this thesis. The research methods used in this study were briefly introduced in the chapter I. Additionally, Chapter I also provides literature review related to the carrier’s liability system in “The Rotterdam Rules”, demonstrates the progress of “The Rotterdam Rules”, demonstrates the progress of “The Rotterdam Rules”, and summarizes the main comments from scholars and professionals. Chapter II discusses the major changes by comparing the carrier’s liability system of the Rotterdam Rules with three major international conventions, so that the author can make assessment aiming at the carrier’s liability system of the Rotterdam rules. Chapter III, the main aspects of this paper, emphasizes the research on the basis of liability, the carrier’s burden of proof, the carrier’s limitation of liability and the exemption clauses, based on the UNCITRAL Working Group III reports. Chapter IV discusses the impact which the changes of the carrier’s liability system under the Rotterdam Rules made to China and Chinese carrier