Research About The Liability Limitation Of The Port Operators Under Different Legal Statuses In Maritime Cargo Transport

As the hub of the maritime transportation, port has been taking a more and moreimportant role. However, compared with the large amounts of maritime transportationlaws, laws regulating the port operators are rare and could not meet the needs of theworld and the nation. Laws regulating the liability limitation of the port operators areeven less in the effective laws. As to the legal status of the port operators, there areseveral opinions in theory and in practice. The liability limitation regulations underthe relating theories are also different. This thesis will compare and analyze theliability limitation theories under the relating legal statuses. And point out that it isreasonalbe to discuss the liability limitation under the Performing Carrier or theMaritime Performing Party theory according to the analysis and cases. The legislationand judicial situations in China today and the maritime law in Taiwan are alsodiscussed in order to explore a feasible method to regulate the port operators in China.Chapter1introduces the concepts of port and port operators, and mainly analyse theliability of the port operators, pointing out that in China and even in the whole worldthere is no unified concept of the port and the port operators. There is no unified ruleof the liability limitation to the port operators, too. So it is necessary to establish rulesof port operators' liability limitation. Chapter2mainly analyses the various opinions of liability limitation under differentlegal satus of port operators. First, the different points of legal satus in theory and inpractice are discussed. And then liability limitation under the relating legal satus isanalysed with cases. In the end, the siganificance of Rotterdam Rules to the liabilitylimitation of the port operators is pointed out.Chapter3introduces the international legislation of the port operators. Apart from thethree main traditional maritime transportation rules, the liability limitation in theUnited Nations Convention on the Liability of Operators of Trans-port Terminals inInternational Trade and the Rotterdam Rules is discussed.Chapter4analyses the port operators legislation situation in China and thedevelopment of Taiwan maritime law in order to explore a reasonable method torugulate the liability limitation of the port operators in China. Bringing the liabilitylimitation clause into China's maritime law and harbor law is infeasible. The bettermeans is to add liability limitation regulations as closed clause in China's maritimelaw, just as what is in Taiwan maritime law.