Comparative Study On The Collision Liability Of Tug Owner Under Sea Towage

Sea towage is an indispensable part of main shipping countries in the world, and there are good reasons for its existence. Taking account of the particularities of sea towage, general law cannot apply to it directly where maritime law does not have specific regulations. Chinese Maritime Code contained a chapter named "Sea Towage Contract", which in my view covers main aspects of sea towage contract. However, it does not have a perfect stipulation in connection with collision liability occurred in the process of sea towage, then further study to this problem is necessary. The author will discuss the problems in four parts as follows:The first part introduces the basic theories of towage contract and the range of study. The basic theories of towage contract include definition, its differences with salvage contract and affreightment contract, and rights and obligations of tug owner. The author confines the range of study to collision liability under sea towage.The second part introduces the preliminary determination of tug owner's collision liabilities. This part includes definition of ship collisions, constitutive requirements of ship collisions, constitutive requirements of ship collisions under sea towage, reasonableness of joint and several liability and burden of proof of each party under collision.The third part studies the exemption and limitation of tug owner's liability. This part studies the exemption mainly under Chinese law and US cases. As to limitation of liability,this part focuses on the differences of limitation of liability among China, UK and US.The fourth part deals with oil pollution liability caused by collision under sea towage. On the basis of CLC 1992, Bunker Convention and OPA 1990, this part discusses the subject of liability and undertaking of oil pollution liability, exemption and limitation of oil pollution liability.Hoping that through the study of tug owner's collision liability, it will benefit the sea towage system in China, especially in the aspect of limitation of tug owner's liability and tug owner's oil pollution liability, and may give some ideas for the inland water towage in China.