The Study On The Competent Authorities' Application Of Maritime Conventions In China

The International maritime conventions are important resources of international law and national legislation. The conventions which China has concluded and acceded are not only the important resources of national law and regulations, but also the foundation of enjoying rights and bearing duty. But in view of lack of clear stipulations, in practice, there exist some problems in the application of maritime conventions. In the terms of maritime authorities, application of maritime conventions correctly have connection with the effect of enforcement of maritime law and the audit of performance under the IMO member voluntary audit scheme. Based on the theory of treaty law, combined with the application of conventions especially formulated by IMO, this thesis puts forward the proposals for problem-solving in the application of maritime conventions so as to performing better and providing a theoretical reference for judicial practice.This thesis has three chapters. The first chapter clears some concept of international law, defines the theory of application of conventions on the basis of the theory of relationship between international law and national law.The second chapter clears the concept of international maritime conventions, introduces four ways to application of conventions. This chapter summaries practical circumstances of application from three aspects including maritime safety, pollution prevention and civil liability.The third chapter points out the general problems in legislation, enforcement and supervision in connection with application of maritime conventions, put forwards specific performing suggestions so as to promoting the execution capacity of maritime authorities and performing conventions better.