Research On The International Maritime Law System

Maritime security has always been the most important part of the whole national security, as well as the key areas of public security management all around the world. Over the past century, with the unremitting efforts and pursuit from the international community, we have built an efficient legal system of the Norms of International Maritime Security Law, and formed a perfectly paralleled system which consists of the SOLAS Convention, MARPOL Convention and the STCW Convention as the leading parts of the conventions. Countries based on the flag states, coastal states as well as the port states have formulated and accomplished the security to the domestic legal system of maritime security. While according to the reality, the reduction or elimination of the maritime security incidents or accidents is unsatisfied even today.Frequent accidents of maritime security indeed conclude the international political, economic, cultural and other reasons, but the main factor I believe, is closely related to the results that the international maritime security legal system is not perfectly or not strictly observed or performed by supervisors from domestic countries.This essay is divided into three parts.Based on the definition of the "maritime" and "maritime security" and "international maritime security", the first part of the essay clears up the relevant rules of the customary international law, international treaty law and the domestic law norms, discusses the modern significance of the the international maritime safety customs and the composition of the contents of the international maritime security treaty system and the focus of maritime security legal system of the developed countries (Alliance)The second part of the essay analyzes the shortcomings of the the international maritime security laws, be attributed to five aspects, that is "three track co-existence" of the main body, the conflict in the application of law, relying too heavily on the "high standards and low accident" technical logic, inadequacy of the specialized international maritime rules and lack of regulators supervision mechanism, and put forward the following suggestions:the object of regulation should be focused on the ship and navigation control capacity, regulation content should focus on "human factors", pay attention to international maritime security legal norms to each other and promote national maritime security legal system unification.Last, this essay summarizes the present situation of our legal system of maritime security and its deficiencies, explores the times demand in Chinese legal system of maritime security, and combines it with the development trend of the international maritime law system, puts forward the suggestion which could perfect our nation’s legal system of maritime security. There are some specific measures such as clearing the authorized agent in maritime security system, putting the authorized subject independent into practice and merging the whole maritime safety regulations into one part. Besides, establishing and implementing the maritime security legislation and administrative mechanism of rapid change model and perfecting the current legal system of maritime security gaps are also problems which are urgent to be solved.