《鹿特丹规则》对承运人责任的权衡:一个得失兼具的体系

Liability of Carriers Weighed by Rotterdam Rules:A System with Both Gains and Losses

相较于既存的三大海运公约,作为最新国际海运立法成果的《鹿特丹规则》对承运人体制做了较大变革。无论是责任期间的扩展与限制,还是归责原则的加重与缓和,都体现了立法者在承运人责任确定问题方面不断权衡、反复平衡的态度。应当看到,权衡之间有得有失,合理改进之处为数不少,但不妥争议之处亦不在少数。

As the most recent convention on sea transportation, Rotterdam rules have made a great transformation in carriers＇ liability compared with the three valid conventions. The lawmakers＇ attitude is embodied in their constant weighing carriers＇ liability whether it is expanded and restricted during the period of liability or principle of liability is aggravated and mitigated. It should be admitted that there are quite a few reasonable reforms and many disadvantages and disputes as well.