对排除承运人装卸责任的探讨

Study on relieving carriers from liability on loading and discharging

《海牙规则》和《海牙-威斯比规则》下,承运人一直被认为其除了可以推卸承担装卸费用外不能排除其对装卸货物的责任。直到2004年,英国上议院在对The JordanⅡ案的最终判决中颠覆了这一传统观念。借此契机重新研究该问题,并结合实践提出"谁控制,谁负责"的观点,以期达到公平区分船货双方责任、督促各方尽责履行合同义务的目的。

It had been considered that carriers could not relieve the liabilities on loading and discharging under Hague and HagueVisby rules except costs, until it was disputed by the House of Lords in their ultimate decision on The Jordan Ⅱ in 2004. The author took this opportunity to study this problem for the purpose of reaching a fair and reasonable distinction between carriers and cargo interests by raising a theory of ＂who controls, who is responsible for＂ in order to force parties to perform their obligations under the contract in due diligence.