国际海上危险货物运输法律制度研究
发布时间：2018-10-30 11:20
【摘要】： 《鹿特丹规则》已于2009年9月23日在荷兰鹿特丹举行签字仪式,而截至12月31日,共有21个国家签署了这一规则,根据联合国贸易法委员会《鹿特丹规则》须有20个成员国签约,并提交核准书一年之后方正式生效的规定,其将来必将对我国产生巨大影响,即使其未在我国生效,其中的一些条款也将对我国航运立法产生深远影响。在此种情况下,作者比较国际公约与各个国内法有关危险货物运输部分内容的不同,以期为完善我国《海商法》尽绵薄之力。 本文第一章介绍关于国际公约、我国国内法以及其他具有典型意义的国家的国内法关于危险货物运输的有关规定。以及现行的危险货物的定义方式,对其进行比较,针对现代航运业的发展总结适合现在社会的航运发展的定义方式,提出区分航运阶段对危险货物进行定义的设想。 第二章对托运人的权利义务进行比较。着重分析论述托运人通知义务的履行时间、履行方式、以及履行不当的后果等。建议传统意义上托运人应当承担的部分义务可以协议由承运人履行的设想。 第三章对承运人的权利义务进行比较,重点着眼于承运人的危险货物处置权,比较各个法规的不同规定,结合实践,得出适合我国实际的我规定方式。 第四章针对无船承运人在海上危险货物运输法律关系中的两面性对其进行分析。 第五章根据前文的分析,对我国《海商法》的修改提出立法建议。 本文不期另创新意,因为笔者一直走在前人开辟的路上,撰写过程中亦始终苦恼于实务知识的匮乏,惟希望闭门造车的一点小小设想,亦能够起到抛砖引玉的功用,内容如有谬误失当之处,尚祈不吝指正为祷。
[Abstract]:The Rotterdam rules were signed in Rotterdam, the Netherlands, on 23 September 2009, and as at 31 December 2009, 21 States had signed the rule, In accordance with the provisions of the United Nations Commission on Trade Law Rotterdam rules, which require 20 member States to sign a treaty and submit their approval one year after its formal entry into force, it will certainly have a significant impact on our country in the future, even if it does not enter into force in our country, Some of the provisions will also have a profound impact on China's shipping legislation. In this case, the author compares the differences between international conventions and domestic laws concerning the transport of dangerous goods in order to contribute to the perfection of China's Maritime Law. The first chapter of this paper introduces the relevant provisions on the transport of dangerous goods concerning international conventions, domestic laws of China and other typical countries. Compared with the current definition mode of dangerous goods, aiming at the development of modern shipping industry, this paper sums up the definition mode suitable for the development of shipping in the present society, and puts forward the idea of distinguishing the stages of shipping for the definition of dangerous goods. Chapter two compares the rights and obligations of shippers. This paper mainly discusses the time, mode and consequence of the shipper's notice obligation. It is suggested that part of the shipper's obligations should be agreed to be performed by the carrier in the traditional sense. The third chapter compares the rights and obligations of the carrier, focusing on the carrier's right to dispose of dangerous goods, comparing the different provisions of the various laws and regulations, combined with the practice, to obtain a suitable for the actual situation of our country. The fourth chapter analyzes the two sides of the legal relationship of NVOCC in the carriage of dangerous goods by sea. Chapter five, according to the above analysis, puts forward legislative suggestions on the amendment of Maritime Law of our country. This article will not create new ideas, because the author has been walking on the road opened up by his predecessors. In the process of writing, he has always been troubled by the lack of practical knowledge, but he hopes that a little bit of imagination, which is built behind closed doors, can also serve as a source of brick and jade. If there is any falsehood or error in the content, I pray for your advice and correction.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D996.19;D922.294
本文编号：2299858
[Abstract]:The Rotterdam rules were signed in Rotterdam, the Netherlands, on 23 September 2009, and as at 31 December 2009, 21 States had signed the rule, In accordance with the provisions of the United Nations Commission on Trade Law Rotterdam rules, which require 20 member States to sign a treaty and submit their approval one year after its formal entry into force, it will certainly have a significant impact on our country in the future, even if it does not enter into force in our country, Some of the provisions will also have a profound impact on China's shipping legislation. In this case, the author compares the differences between international conventions and domestic laws concerning the transport of dangerous goods in order to contribute to the perfection of China's Maritime Law. The first chapter of this paper introduces the relevant provisions on the transport of dangerous goods concerning international conventions, domestic laws of China and other typical countries. Compared with the current definition mode of dangerous goods, aiming at the development of modern shipping industry, this paper sums up the definition mode suitable for the development of shipping in the present society, and puts forward the idea of distinguishing the stages of shipping for the definition of dangerous goods. Chapter two compares the rights and obligations of shippers. This paper mainly discusses the time, mode and consequence of the shipper's notice obligation. It is suggested that part of the shipper's obligations should be agreed to be performed by the carrier in the traditional sense. The third chapter compares the rights and obligations of the carrier, focusing on the carrier's right to dispose of dangerous goods, comparing the different provisions of the various laws and regulations, combined with the practice, to obtain a suitable for the actual situation of our country. The fourth chapter analyzes the two sides of the legal relationship of NVOCC in the carriage of dangerous goods by sea. Chapter five, according to the above analysis, puts forward legislative suggestions on the amendment of Maritime Law of our country. This article will not create new ideas, because the author has been walking on the road opened up by his predecessors. In the process of writing, he has always been troubled by the lack of practical knowledge, but he hopes that a little bit of imagination, which is built behind closed doors, can also serve as a source of brick and jade. If there is any falsehood or error in the content, I pray for your advice and correction.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D996.19;D922.294
【引证文献】
相关硕士学位论文 前2条
1 张婉婷;论海上危险货物运输中托运人的法律责任[D];大连海事大学;2012年
2 尚智霞;《鹿特丹规则》对国际海运业承运人义务重大变革之研究[D];河南大学;2012年
，本文编号：2299858
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