原文传递
Protocol of 2002 to the Athens Convention and Its Implication for the Revision of Taiwan's Maritime Law Relating to Carriage of Passengers by Sea
| 题名： | Protocol of 2002 to the Athens Convention and Its Implication for the Revision of Taiwan's Maritime Law Relating to Carriage of Passengers by Sea |
| 正文语种： | 中文 |
| 作者： | 于惠蓉 |
| 关键词： | Carriage of passengers;Modification of maritime law;Athens convention;Cruise business |
| 摘要： | For those rules relating to carriage by sea, Taiwan's Maritime Law mainly focuses on carriage of goods. The provisions governing carriage of passengers are less significant and even rough in their contexts. Article 79 of Taiwan's Maritime Law provides: "Unless otherwise provided in this Section, the provisions of Section I of this Chapter apply mutatis mutandis to the carriage of passengers." However, there exists significant difference between the carriage of goods and the carriage of passengers. At least, there are no needs to load, discharge, handle, stow, care for and keep those passengers on board. It would be unjustifiable to allow those rules relating to carriage of goods to apply mutatis mutandis to the carriage of passengers. In fact, the business of carriage of passengers has developed prosperously in recent years, especially cruise journey. The Athens Convention 1974 and its Protocol of 2002 have provided complete regulations to cope with the development of international carriage of passengers. Taiwan's Maritime Law is inevitably to adopt those rules provided by the Athens Convention in its future modification. It is therefore necessary to explore the contexts of the Athens Convention in order to understand the applicability of its rules and regulations. This article analyzes the Athens Convention provisions concerning the scope of application, period of carriage, carriers' liability system, liability limitation, the liabilities of the carriers, performing carrier and their employees and agents, compulsory insurance and direct claim against the insurer or financial security provider, limit of liability, competent jurisdiction, invalidity of contractual provisions, nature of passenger ticket, rescission of the contract, seaworthiness, and liability relating to delay in transit. It aims to provide reference for the future modification of Taiwan's Maritime Law. |
| 期刊名称： | 航运季刊 |
| 出版年： | 2018 |
| 期： | 06 |
| 页码： | 99-126 |
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