Study On The Application Of Law Of The Torts On The Sea

Although the theory of private international maritime law is becoming perfect step by step, with the law application of torts on the sea as one important part of which not having the complete system and with many problems needing to resolve imperatively in the practice of judicature and condition of the relating legislation as well as, the study on the law application of torts on the sea is very important. The marrow of the law application is to decide the lex causae through the analysis to the connecting points in some case. As to the law application of torts on the sea, the special connecting points should be thought of for the place of the torts on the sea is different from the other torts. Furthermore, the lex causae should be decided by the different standard respectively but not just the lex loci delicti and law of the flag of the ship for the collision of ship, injure and death on the sea and the oil pollution, as the special connecting points may be caused. The principle of the law application on the special cases was put forward in this article through the analysis of the relating connecting points on the above three aspects and their advantages and disadvantages as well. At last, the author put forward some relating legislative perfection suggestion about the law application of torts on the sea.