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오드후자르갈 전북대학교 일반대학원 2014 국내석사
During the human development they used different kinds of transportations and maritime transportation has been played main role in the international transportation. Compared to other transport, overseas transportation is not only carrying a big amount of cargo, but also costing less. Maritime transportation has a long history. In the early 19thcentury, increasing maritime transportation raised a dispute between carrier and shipper. Because of it, the first maritime agreement was created in 1893, and was known as the Harter Act. The Harter Act was designed to protect American shipper from liability involving damaged or lost cargo. Then the Hague Rules (1924), the Hague Visby Rules (1968), Hamburg Rules (1978) was established. Hague Rules and Hague Visby Rules were criticized for giving excessive benefits to carriers, rather than to shippers. This criticism resulted in the creation of a new maritime transport treaty in 1978, called the Hamburg Rules. Hamburg Rules, but the interests of the carrier more than the shipper to protect the interests identified as a major shipping and trading on the ratification of the country do not have not been soaring internationally. The Hague Visby Rules and the Hamburg Rules are not allowed to perform its role properly. In 2008, Rotterdam Rules was adopted in Vienna, Austria. It can decrease law uncertainty and increase effectiveness and calculability of overseas transportation. In my research work, I studied carrier’s responsibility for scope of application, period of liability, exemption clause and limitation of liability under these rules. Hague Rules and Hague Visby Rules have feature to integrate maritime rules and also today States with the overseas transport comply these rules and were included in the law. Under the Rotterdam Rules places of receipt or of delivery or ports of loading or discharges should be belong to contracting States. Thereby non- contracting States have to comply the Rotterdam Rules. These four rules expended period of liability by ‘tackle to tackle’, ‘port to port’, ’door to door’. The most unique thing is that the ‘door to door’ principle is appropriate for not maritime transport, but also multi transportation. Under the Hague Rules and Hague Visby Rules 17 exemption catalog has a clause to protect carrier and under the Rotterdam Rules errors of navigation and management was abolished. And the Hamburg Rules abolished above all articles so shipper was protected and carrier’s responsibility was increased. Although there was not catalogues, if it is proven by evidence that carrier has not false, carrier can get away from penalty. Finally, limitation of liability has been increasing because of overpricing and inflation. According to the Hague Visby Rules SDR unity was chosen for marinate trade. It is very thankful, because SDR unity can prevent lost of exchange difference. Increasing limitation of liability restrict a number of States. But under the Rotterdam rules limitation of liability is more benefic, so non-contracting State start to join rules.