Use this URL to cite or link to this record in EThOS:
Title: Issues in deviation and in bills of lading under charterparties : a comparative study of Anglo-American and R.O.C. laws
Author: Liao, Shin-Pyng
ISNI:       0000 0001 3609 6751
Awarding Body: University of Southampton
Current Institution: University of Southampton
Date of Award: 1986
Availability of Full Text:
Access from EThOS:
Full text unavailable from EThOS. Please try the link below.
Access from Institution:
The law of carriage of goods by sea in the Republic of China (R.O.C.) varies from that in Anglo-American law. There are two main reasons for this. R.O.C. has adopted some but not all of the Hague Rules, whilst the United State have introduced the Carriage of Goods by Sea Act, 1936, to give the Hague Rule statutory effect. The United Kingdom, taking a further step, introduced the Carriage of Goods by Sea Act, 1971, to give effect to the Hague Rules (the Brussels Protocol 1968). The adoption of different sets of international rules has led to a discrepancy of decisions on the subject-matter concerned. The next reason is that the R.O.C. being a civil law country tends to construe the Maritime Code, which partly adopted the Hague Rules, in a different way from the courts of the U.S. and U.K. More than twenty years has elapsed since the R.O.C. Maritime Code was amended on the 25th July, 1962, which was the first amendment made since promulgation on the 30th December, 1929. Twenty-four years saw temendous technological advancements in the shipping industry and rapid changes in the laws relating to the carriage of goods by sea, through international conventions. The lacunae, uncertainties and ambiguities exposed in the present legislation obviously lead to the necessity for revision of the Maritime Code. This work examines the issues of deviation as well as the closely related subjects of deck carriage and delay, and bill of lading issued under charterparties through a comparison of Anglo-American law and R.O.C. law. The aim of this work is to propose some provisions, dealing with those issues to tackle the problems arising out of the R.O.C. Maritime Code. It is hoped that this work wil be of some help in the revision of the Maritime Code which is at the moment being undertaken by the Ministry of Communications under the auspices of the Ministry of Justice, which is the author's employer that supports the author to do the research work in the United Kingdom.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: Sea-carriage of goods law