로테르담 규칙에서 해상운송인의 책임에 관한 연구

A Study on the Ocean Carrier’s Liability in Rotterdam Rules

This comparative study examines major issues of the right and liability of carrier in international transport conventions such as Hague Rules, Hague-Visby Rules, Hamburg Rules and Rotterdam Rules. And this study reviews Korean Maritime Law concerning the liability of carrier to suggest some ideas for the materials for the revision of Korean Maritime Law in near future. The Rotterdam Rules, by way of providing for in details and in a practical way the allocation of burden of proof respectively to the cargo claimant and the carrier, have constructed a new structure of the basis of liability for the carrier. The Rotterdam Rules are much longer than either the Hague-Visby or Hamburg Rules, and address a wide variety of interests and objectives. The Rotterdam Rules also contain extensive provisions in respect of electronic transport documents. The high amount of limits of carrier’s liability may be the major issue for every nations to endorse this Rotterdam Rules. Rotterdam Rules modernize existing conventions on the issue of liability and establish a balance between the interests of the shipping industry and shippers. Ever present was the fact existing conventions fail to meet current transport requirements, or at least have not managed to garner acceptance by the international community.