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責任限制公約之貨幣單位與轉換問題--以國際航空運送人責任公約為例之探討
Journal article

責任限制公約之貨幣單位與轉換問題--以國際航空運送人責任公約為例之探討

居正 黃
臺灣國際法季刊, Vol.1(3), pp.221-264
2004

Abstract

國際運送人;責任限制;銀錢單位;金法郎;特別提款權;International carrier;Liability limitation;Monetary unit;Franc poincare;Special drawing right;SDR

Liability limitation is the core issue in the uniform regime of international carriers’ liability, surface or air. Since there exists no international money, currency applied as the universal monetary unit for the liability limitation and the conversion between the adopted unit and local currency of the adjudicating court then become the most complicated topics for the private international law academic. The discrepancy and difficulties arise from the conversion process will also evidence the feasibility of this unified private law mechanism. This article is intending to re-examine, in both historical and regulatory perspectives, the applicability of and issues therefore incurred from the tow major monetary unit applied, i.e., the Gold Standard and the Special Drawing Right. With the study a suggestion on the monetary unit policy is also provided for country like Taiwan which may not be formally admitted to the membership of these unified private law regimes.

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