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Construction Of Unified International Legal System On Marine Insurance

Posted on:2011-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q M ZhangFull Text:PDF
GTID:2166330332463868Subject:International Law
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In recent years, transnational insurance corporations play an increasing function in marine insurance market, but the differences of marine insurance law has a negative effect on development of marine insurance. With that,the international law society take efforts to unify the rules of marine insurance. The article hopes to find reasonable methods for unification of marine insurance law by analyzing the background of marine insurance law.Economic globalization calls for global economical governance, and the governance is not supranational governance, but guided by states and international organization, based on Modern Business Customary Law. The area of marine insurance also has the characteristic, the mature of marine insurance market claims the change of marine insurance law, the law covers more field, and its complexity and technicality are improved, and the legal system of marine insurance is tending to reach perfection.Under the background, the unification of marine insurance not only satisfies the law of supply and demand, raises the forecast of both parties of marine insurance, and reduces the business cost.The most important, almost three-quarter countries copy the 1906 MIA.In recent years, the revision of marine insurance law in England, United States to make it more modern and professional reduces the differences between marine insurance law in different countries.The international marine committee took efforts to unify international marine insurance law in 1901 and 1998 provides us some valuable experience in marine insurance law unification.Tell the truth, the unification of marine insurance law is not easy. Although many marine insurance law copy 1906 MIA, but almost one hundred years past, there are many difference. And different countries have various opinions on "unification", the United Kingdom and United States insist that marine insurance market should play the most important role in the unification.However, undeniable, the unification of marine insurance law is necessary. When starting the third unification of marine insurance law, the international marine committee should draft the model law of marine insurance law. Then based on this, international marine organization can finish the convention of marine insurance. In the perspective of the content, the model law should focus on Good Faith, Disclose and Warranty.Due to the problem that different justices will give different explanation on model law of marine insurance law from the perspective of national legal culture, then we should reinforce the development of International Marine Arbitration.
Keywords/Search Tags:Marine Insurance, International Unification, Legal System Construction
PDF Full Text Request
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