摘要: |
The tort liability arising from ship collisions is regulated by the Convention for the Unification of Certain Rules of Law with respect to Collisions between Vessels, Brussels, 23 September 1910, the Lisbon Rules and the International Convention For The Unification of Certain Rules Concerning Civil Jurisdiction in Matters of Collision, adopted in Brussels on10 May 1952, which constitutes a framework of international regimes by its respective hard and soft law nature. As to Taiwanese law is concerned, the author identifies the issues as highly controversial under the Ships Collision Chapter in the Maritime Code as follows: civil jurisdiction, the applicable law, the liable party, the barring of legal presumption of fault, the nature of the limitation period, and the last but not least, arrest of the liable ships. The author tries to submit solutions to cope with them under the international regimes. |