A COMPARATIVE STUDY ON THE LEGAL LIABILITY FOR SHIP COLLISION ACCIDENTS BETWEEN BOTH SIDES OF THE TAIWAN STRAIT

• Main Authors: kao-chaing hu, 胡高強
• Other Authors: 梁宇賢
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/81032467108633294366

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 92 === ABSTRACT The present study is primarily intended to look into the comparison of the liability arising from vessel(s) collision between the both side of the Taiwan Strait as well as the relevant international conventions. So far the comparative research having been conducted in Taiwan regarding collisions of ships between Taiwan and Mainland China have largely taken the Maritime Laws of Taiwan and China as well as the relevant international conventions. In recent years with increasingly advanced science and technology as well as international marine transportation, merchant vessels have become increasingly larger in tonnage, the voyage has become increasingly farther. They are, meanwhile, increasingly faster. Once a vessel(s) is(are) in collision, there must be critical damages and casualties. In turn, there must be huge amounts and complicated issues in damages or compensation. Meanwhile, oceans are being used no longer for navigation purpose alone and are used for lots of other purposes, e.g., petroleum exploration, scientific studies, marine cable deployment, building of artificial isles and the like. The traditional concept of collision of ships has being obsolete and the ship collision in conventional concept does no longer orient itself to the actual situation today accordingly. Studies in such issues become indispensable. The present thesis adopts comparison and induction as the key methodology to break down the provisions of ship collision related laws and regulations. The results of comparison indicate that in China, there are maritime courts to exclusively take charge of marine affair disputes and are more comprehensive laws and regulations concerned regarding ship collisions. The new vessel collision related constructs (i.e., the vessel collision as provided in the Lisbon Rules Draft) extend the idea of vessel collision to cover machinery & equipment, scaffolds, platforms and such objects either navigable and innavigable. All wrongful acts between ships, e.g., the oil stain which floats miles away seem to excessively expand the connotation. The fact that a ship collides facilities is gradually acknowledged as the concept of ship collision. In terms of criminal jurisdiction in the event that a vessel collides in the high seas, it is conventionally interpreted as the “floating territories” where the vessel flag country holds the exclusive jurisdiction. The new theory redefines such point of view. In line with such change, the concept of vessel collision could no longer be confined to such outmoded idea otherwise it could not orient itself to the new times. Besides, after comparison, to orient to the updated lawmaking trend in ship collision, it is advisable to cover the issue of collision by a ship against facilities into the ship collision range. In terms of damages or compensation on ship collision, it is suggested to adopt the relevant laws and regulations in China for concrete example.