로테르담 규칙하에서의 인도지연책임에 관한 소고 = A study on the carrier's Liability of delay in delivery under Rotterdam Rules

다국어 초록 (Multilingual Abstract)

As a general rule, transit speed is not the principal issue in the carriage of goods by sea. The timing of a delivery may nevertheless be important for a maritime shipper-even when speed is not. The Hague and Hague-Visby rules do not explicitly address liability for delay. the domestic courts' interpretations have accordingly varied. The Hamburg Rules addressed delay explicitly for the first time in an international maritime transport convention. The basic liability provision declares that "the carrier is liable" not only for "loss of or damage to the goods," but also for "delay in delivery," assuming that certain conditions are met. The key provision then defines "delay in delivery" to recognise two possibilities, depending on whether the parties to the contract of carriage expressly agreed on the time for delivery: Delay in delivery occurs when the goods have not been delivered at the port of discharge provided for in the contract of carriage by sea within the time which it would be reasonable to require of a diligent carrier, having regard to the circumstances of the case. The Rotterdam Rules consistently recognise the carrier's liability for delay in delivering the goods, but article 21 significantly restricts the extent of the obligation. "Delay in delivery" is limited to the carrier's failure to deliver "within the time agreed" in the contract of carriage. Thus the carrier is not liable for failing to deliver the goods within the time it would be reasonable to expect of a diligent carrier. The carrier may limit its liability to an amount equivalent to two and one-half times the freight payable on the goods delayed.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 국제해상운송규칙상의 인도지연 규정
• Ⅲ. 로테르담 규칙상 인도지연책임의 제문제
• Ⅳ. 결론
• 참고문헌

참고문헌 (Reference)

1 송옥렬, "해상운송에 관한 로테르담 규칙의 쟁점 및 전망" 법무부 (88) : 64-93, 2009

2 이균성, "해상법강론" 해운산업연구원 1989

3 김인현, "로테르담 규칙하에서의 運送物 引渡制度에 대한 硏究 - 우리 법과의 비교를 중심으로 -" 한국해법학회 31 (31): 7-56, 2009

4 한국선주협회, "로테르담 규칙 제정과 발효, 협약의 주요내용 해설, 우리나라의대책"

5 이균성, "국제해상운송법연구" 삼영사 1984

6 谷川久, "改訂コンテナB/L" 勁草書房 1974

7 "United National Convention on the Carriage by Sea"

8 Yvonne Baatz, "The Rotterdam Rules: A practical annotation" informa 2009

9 Michael F. Sturley, "The Rotterdam Rules" Thomson Reuters(legal) Limited 2010

10 Girvin, "The Journal of International Maritime Law" Law text Publishing Limited 2008

11 Dalhouseie Ocean Studies Programme, "The Future of Canadian Carriage of Goods by Water Law"

12 Alan Abaham Mocata, "Scrutton on Charterparties & Bills of Lading, 16th ed" Sweet & Maxwell 1955

13 W. Tetley, "Marine Cargo Claims, 3th ed" Blais 1989

14 "International Convention for the Unification of Certain Rules of Law Relating of Bills of Lading"

15 Saul Sorkin, "Goods in Transit" Mattew Bender 1991

16 Alexander von Ziegler, "Delay and the Rotterdam Rules" UNIDROIT 999-, 2009

17 Raoul Colinvaux, "Carver's Carriage by Sea, 13th ed" Stevens & Son Ltd 1982

18 "Carriage of Goods by Sea Act (COGSA), 1936.4.16. 46 U.S. Code Appendix 1300-15"

19 Kate Lannan, "Behind the numbers: the limitation on carrier liability in the Rotterdam Rules" UNIDROIT 2009