| Summary: | 碩士 === 國立中央大學 === 法律與政府研究所 === 106 === Abstract
According to the United Nations Conference on Trade and Development, about 80% of global international trade is carried out by maritime transport. The development of shipping not only affects the development of transportation industry but also indirectly affects the trend of the whole economy. Therefore, whether the economy is stably and gradually developing, still depends on the sound operating environment of the shipping industry. This argument significant when applying to the economy of our country, as we are an island-type country, which results in a greater dependence on international trade. Therefore, the development of the maritime transport is inextricably linked with the economic development of the country.
How to effectively lower the operating cost and risk control are the major topics for company operation, as they will affect the company’s business activities. As for maritime transport, establishing a perfect risk control environment is the number one objective of the industry. The risk control system of the marine company undertakes no more than the claim of the limitation of liability by the shipowners during the incident of a shipwreck, and the exemption, reduction or transference of the risks to the Marine Insurer through obtaining insurance.
In regard to the insurance system, the existing insurance type that bear the responsibility for the operation of the shipowners is known as the Protection and Indemnity Insurance, which is provided by the Protection and Indemnity Club. However, in our country there is no such association, which leads to the shipowners seeking the underwriting of the insurance from foreign associations(clubs), and this is definitely unfavorable to the development of our maritime and economy. Therefore, we considered the idea that the country can form such association through Mutual Insurance Companies. As for the Limitation of Shipowners’ Liability, it is not only to reduce the liability risk of the marine business operators, but also to control the risks and the contents of the insurance contract. In other word, the system of limitation of liability is very important to the risk controlling and evaluation of the marine business operators.
In the paper, we will be analyzing the Limitation of Shipowners’ Liability and discussing the Protection and Indemnity Club, in which to further solidify the system for the exemption or transference of risks. In addition, we will make a proposal for the adaptation of such club into our country and the improvement it may bring to the operation environment for our shipowners.
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