201. marine law (admiralty law; maritime law) = 海商法
Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans. It deals with matters including marine commerce, marine navigation, shipping, sailors, and the transportation of passengers and goods by sea. Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character.
Admiralty law is distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters and international law governing relationships between nations.
Although each legal jurisdiction usually has its own enacted legislation governing maritime matters, admiralty law is characterized by a significant amount of international law developed in recent decades, including numerous multilateral treaties.
202. charter transport = 租賃運輸 (車輛、船舶、航空器等)
203. flag of convenience = 權宜旗
The term flag of convenience describes the business practice of registering a merchant ship in a sovereign state different from that of the ship's owners, and flying that state's civil ensign on the ship. Ships are registered under flags of convenience to reduce operating costs or avoid the regulations of the owner's country. The closely related term open registry is used to describe an organization that will register ships owned by foreign entities.
The term "flag of convenience" has been in use since the 1950s and refers to the civil ensign a ship flies to indicate its country of registration or flag state. A ship operates under the laws of its flag state, and these laws are used if the ship is involved in an admiralty case.
204. seaworthiness = 船舶適航性
Also known as seakeeping ability, seaworthiness is a measure of how well-suited a watercraft is to conditions when underway. A ship or boat which has good seakeeping ability is said to be very seaworthy and is able to operate effectively even in high sea states.
205. ship survey = 船舶檢驗
Marine surveying is often closely associated with marine insurance, damage and salvage, accident and fraud investigation as insurers generally lack the training and skills required to perform a detailed assessment of the condition of a vessel. While marine surveyors are sometimes employed by insurers directly they maintain a certain professional autonomy in order to provide an unbiased view. Independent marine surveyors are often employed by the clients of marine insurers to provide evidence in support of damage claims made against the insurer. Insurance companies cannot require customers to use specific marine surveyors (although they often provide a list of recommended or pre-approved marine surveyors who are known to them).
206. controlled carrier = 受控承運人
A controlled carrier is a transporting business indirectly or directly supervised or administrated by governments or civil organizations to controll the balance of tariff and a fair sevice contracts.
207. non-vessel operating common carrier = 無船公共運送人
A common carrier in common-law countries (corresponding to a public carrier in civil-law systems, usually called simply a carrier) is a person or company that transports goods or people for any person or company and that is responsible for any possible loss of the goods during transport. A common carrier offers its services to the general public under license or authority provided by a regulatory body. The regulatory body has usually been granted “ministerial authority” by the legislation which created it. The regulatory body may create, interpret, and enforce its regulations upon the common carrier (subject to judicial review) with independence and finality, as long as it acts within the bounds of the enabling legislation.
A common carrier is distinguished from a contract carrier (also called a public carrier in UK; 承攬運送人), which is a carrier that transports goods for only a certain number of clients and that can refuse to transport goods for anyone else, and from a private carrier. A common carrier holds itself out to provide service to the general public without discrimination (to meet the needs of the regulator's quasi judicial role of impartiality toward the public's interest) for the "public convenience and necessity". A common carrier must further demonstrate to the regulator that it is "fit, willing, and able" to provide those services for which it is granted authority. Common carriers typically transport persons or goods according to defined and published routes, time schedules, and rate tables upon the approval of regulators. Public airlines, railroads, bus lines, taxicab companies, cruise ships, motor carriers (i.e., trucking companies), and other freight companies generally operate as common carriers. Under US law, an ocean freight forwarder cannot act as a common carrier.
The term common carrier is a common law term, which is seldom used in continental Europe because it has no exact equivalent in civil-law systems. In continental Europe, the functional equivalent of a common carrier is referred to as a public carrier (or simply as a carrier). (However, public carrier in continental Europe is defined differently than "public carrier" in British English, in which it is a synonym for contract carrier.)
As for the term named, a non-vessel operating common carrier is a common carrier that has no vessel of its own yet operates the same business.
208. bill of lading = 載貨證券
A bill of lading (sometimes abbreviated as B/L or BOL) is a document issued by a carrier which details a shipment of merchandise and gives title and requires a carrier to deliver the merchandise to the appropriate party. An order bill of lading is used when shipping merchandise prior to payment, requiring a carrier to deliver the merchandise to the importer, and at the endorsement of the exporter the carrier may transfer title to the importer. Endorsed order bills of lading can be traded as a security or serve as collateral against debt obligations.
Bills of lading have a number of additional attributes, such as on board, received-for-shipment, clean, and foul. An on-board bill of lading denotes that merchandise has been physically loaded onto a shipping vessel, such as a freighter or cargo plane. A received-for-shipment bill of lading denotes that merchandise has been received, but is not guaranteed to have already been loaded onto a shipping vessel. Such bills can be converted upon being loaded. A clean bill of lading denotes that merchandise is in good condition upon being received by the shipping carrier, while a foul bill of lading denotes that merchandise has incurred damage prior to being received by the shipping carrier. Letters of credit usually will not allow for foul bills of lading.
209. Hague Rule = 海牙規則
The Hague(-Visby) Rules are a set of international rules for the international carriage of goods by sea. The official title is "International Convention for the Unification of Certain Rules of Law relating to Bills of Lading" and was drafted in Brussels in 1924. After being amended by the Brussels Amendments (officially the "Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading") in 1968, the Rules became known as the Hague-Visby Rules. A final amendment was made in the SDR Protocol in 1979.
The premise of the Hague-Visby Rules (and of the earlier English Common Law) is that a carrier has far greater bargaining power than the shipper; and that to protect the interests of the shipper/cargo-owner, the law should impose minimum obligations upon the carrier.
210. Himalaya clause = 喜馬拉雅條款
A Himalaya clause is a contractual provision expressed to be for the benefit of a third party who is not a party to the contract. Although theoretically applicable to any form of contract, most of the jurisprudence relating to Himalaya clauses relate to marine matters, and exclusion clauses in bills of lading for the benefit of stevedores in particular.
211. cargo survey = 貨物檢驗
212. collision at sea = 船舶碰撞
213. marine towing = 船舶拖帶
214. marine salvage = 海難救助
Marine salvage is the process of recovering a ship, its cargo, or other property after a shipwreck. Salvage encompasses towing, refloating a sunken or grounded vessel, or patching or repairing a ship. Today the protection of the environment from cargoes such as oil or other contaminants is often considered a high priority.
"Salvors" are seamen and engineers who carry out salvage to vessels that are not owned by themselves, and who are not members of the vessel's original crew. When salvaging large ships, they may use cranes, floating dry docks and divers to lift and repair ships for short journeys to safety towed by a tugboat. The aim of the salvage may be to repair the vessel at a harbour or dry dock, or to clear a channel for navigation. Another reason for salvage may be to prevent pollution or damage to the marine environment. Alternatively the vessel or valuable parts of the vessel or its cargo may be recovered for its resale value, or for scrap.
215. search and rescue = 搜救
216. general average = 共同海損
The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew members often have precious little time in which to determine precisely whose cargo they are jettisoning. Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. While general average traces its origins in ancient maritime law, still it remains part of the admiralty law of most countries.
The first codification of general average was the York Antwerp Rules of 1890. American companies accepted it in 1949. General average requires three elements which are clearly stated by Mr. Justice Grier in Barnard v. Adams:
a. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently 'inevitable,' except by voluntarily incurring the loss of a portion of the whole to save the remainder.
b. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a transfer of the peril from the whole to a particular portion of the whole.
c. This attempt to avoid the imminent common peril must be successful.
217. limitation on maritime liability = 海事賠償責任限制
The 1957 Brussels Convention stated the provisions of the convention will apply to the charter, manager and operators of the ship, and to the master, members of the crew. It has been criticized that an independent agent might not be able to limit the liability as the wordings restrict to one who is involved in the operation of the ship. The Tojo Maru case is the significant example showing this problem.
The most important changes in the 1976 limitation convention is that, salvors have been added to the list of persons or parties who may limit their liability in accordance with the rules of the Convention.
218. marine insurance = 海上保險
Marine insurance covers the loss or damage of ships, cargo, terminals, and any transport or cargo by which property is transferred, acquired, or held between the points of origin and final destination.
Cargo insurance is a sub-branch of marine insurance, though also includes onshore and offshore exposed property such as container terminals (貨櫃船轉運站), ports, oil platforms, pipelines (輸油管), hull (船身), marine casualty, and marine liability.
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- Nov 24 Sat 2012 00:01
阿鴻上菜 (39)
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