Link to Content Area
:::

Institute of Transportation, MOTC

:::
  • small size
  • medium size
  • large size
  • print
  • facebook
  • plurk
  • twitter

Trans. Planning Journal

Title The Liability of Delay in Delivery and the Analysis of Its Application in the Rotterdam Rules in Marine Cargo Claims
Author Cheng-Chi Chung, Hui-Lung Yu, Li-Ying Cheng
Summary The carriage of goods by sea is an important part of the international trade. If goods are not delivered at the time and place as agreed, freight companies are held liable for the delay in delivery. International seaborne trade is mainly governed by the Hague Rules (1924), the Hague-Visby Rules (1968), the Hamburg Rules (1978), or the United Nations Convention on International Multimodal Transport of Goods (1980). This article mainly explores the nature of the responsibility of delay in delivery, compares the international maritime conventions (incl., the latest Rotterdam Rules of 2009), and examines the latest international trends of the liability for delay in delivery. This study showed that under the balance of shipping developing trend and national interests, the norm of carrier’s liability for delay in delivery lacks uniformity in the international maritime convention, and the coverage of general voyage policy excludes the liability of delay. These negative aspects not only affect shippers, but also damage the interest of consignees or bills of lading holders. The regulation of Taiwanese Maritime Law about the liability for delay in delivery is insufficient, and thus applications from the Civil Law are required. In view of the developing shipping trend and the formulation of the Rotterdam Rules, this paper proposed amendment to the liability for delay in delivery in Maritime Law. The research results can be provided as a favorable reference for amending the law.
Vol. 42
No. 2
Page 151
Year 2013
Month 6
Count Views:461
Top