| Summary: | 碩士 === 國立臺灣海洋大學 === 航運管理學系 === 107 === Article79 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 are significant difference between the carriage of goods and the carriage of passengers. It would be necessary and reasonable to revise carriage of passengers of Maritime Law to reach complete regulations. On the other hand, in consideration of the cruise tourism and the passenger transport are prosperous in Taiwan, it is necessary to review prevailing Maritime Law relating to carriage of passenger by sea, whether or not it can meet the current development of international law, such as 2002 Protocol of the Athens Conventions regime, which was signed by ten countries and came into force in 2014.
This study firstly reviews the contents of the 2002 Protocol of the Athens Conventions, including the scope of application, and their application in determining the carriers’ liabilities in the carriage of passengers by sea contract. It also reviews relevant rules and provisions contained in Taiwan’s Maritime Law, Civil Law, Consumer Protection law, and Insurance Law, etc. in order to establish a liability regime based on Taiwan’s legal system. Based on literature review and data analysis, as well as comparative analysis upon different regulations, this study distinguishes the differences between Taiwan’s laws and the Athens regime. It also explores those contractual provisions and relevant jurisdiction decisions to understand whether the prevailing Taiwan’s laws can provide reasonable solutions for those disputes arising from the carriage of passengers by sea. It aims to provides reference to the future modification of Taiwan’s Maritime Law.
Based on the above research methodologies, this study finds some parts of Taiwan’s law need to be revised. For example, it needs to provide more completed definitions upon the identity of carriers, the tourism business operators, the legal relationship between the both, to establish the carriers’ liability regimes, including the carrier’s statutory liability, the exception perils, etc. It also needs to require the carriers to fix the liability insurance for themselves, rather than to enter into an insurance contract for passengers against personal death or injury as provided by Article 81 of the Taiwan’s Maritime Law.
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