The Development Of International Maritime Legislation In The 21st Century And Impact On The Maritime Law Of China

As an internal law, the maritime law has strong international nature, because marine transportation, especially international marine transportation regards the global ocean as its carriers, takes trade of the world as its stage and exchanges among multination. These determine the maritime law should maintain legal interests of all sea-freight relation participants'. Its effects should extend to any field in which this kind of legal relation happens to render a service. The feature of the maritime law has determined that its form of expression is mostly international maritime treaty and international shipping convention. So, strengthening the study on maritime law is just strengthening the study on international maritime treaty and international maritime convention, namely strengthening the research to international maritime legislation. The paper is divided into four chapters: Chapter one gives a brief account of development on the international maritime legislation. According to the steps of development and application of science and technology, the international maritime legislation is divided into three periods. The first phase is the time of skill shipping. During the time, the development of science and technology is relatively slow; therefore, the maritime legislation is mainly showed regional rule or internal law. The second phase is the time of astronomy shipping. As the shipping trade had broken through restriction in a country or area, the international maritime law began to tend towards the development of internationalization. The international trade and transportation rapidly developed in the third phase since radio and computer is applied to shipping, therefore, there were large numbers of international treaties. The international maritime legislation is relatively active. At that time, with the development of international trade and transportation, the international maritime law shows different feature and trend: the trend of extending the scope of uniformity; the participation of different organizations and combining with international conventions, shipping customs and standard forms; the joining of developing countries; the trend to address future problems now. Chapter two discusses the latest development of international maritime legislation in the 21st century. Economic globalization and the update of science and technology make international maritime law better progress. There are four aspects on international treaty and drafts: a) The development of international maritime transport of goods. International organization constitutes The Draft Outline of Transport Law in order to unify different countries'legislation about maritime transport of goods. The draft will have very important influence on the maritime law of different countries in the world. b) The International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. Protecting environment of the ocean is primary target of the international community in the 21st century. Thus, the international organization enhance management to oil pollution damage. The scope of this convention is different from the others'because all of ships need the fuel. c) The Athens Treaty in 2002. At the end of 2002, a protocol to the Athens convention was degreed at IMO Headquarters in London. The radical amendments involves with basis of liability, limits of liability and compulsory insurance. d) The rapid development of international maritime anti-terrorism legislation. International Convention for the Safety of Life at Sea, 2002 and International Ship and Port Facility Security Code,ISPS Code. Chapter three focuses on the legislative feature and development of China Maritime Code. Compared with other departmental laws, the most impressive and outstanding legislation characteristics of the Maritime Law of China is that the law connects with international maritime treaties and conventions at that time. But Chinese civil and commercial legislation and internationalmaritime legislation have been changed since the coming into force of the Code. Combining with the legal theory on the revision of law, the author expounds the necessity and the principles to be followed of the revision of the Code. Coming into the new century, China has become the bigger and stronger country in sea transport aspect. The development of shipping trade in the world require participating of China but also the development of economy of China do not separate from the world. It is necessary for the legislation system in China to keep step with the international maritime legislation. Only in this way, we should have a better service on transport trade and better development on shipping economy. The author also puts forward the four suggestions legislated to integrate with international maritime at the same time. Chapter four deals with the new development of international legislation impact on the Maritime law of our country in the 21st century. The chapter is based on four respects of new development of international maritime legislation that chapter two expounded and the legislative fact of our country. At first, Chinese maritime transport law should be unified under the trend of international legislation unity. On the basis of analyzing the conditions and reasons of the existing law systems on the domestic shipping and ocean shipping in China, the paper holds that it is necessary to establish the identical shipping law system in China. Secondly, on the basis of analyzing the status quo of our country, proposing consulting and using the international convention and international advanced experience for reference in the legislature of our country, accelerate the shipping oil pollution legislation of our country. Setting up system of compulsory insurance and fund that share oil pollution damage compensations among legal system of our country according to the actual conditions of our country is very urgent. Thirdly, on the issue to integrate with " Convention of Athens of 2002 ", the Maritime Law of China should be revised and replied. The double responsibility foundation is worth our country's paying attention to and drawing lessons from it and the positivelegislative trend should be reflected in the domestic law. At the same time this kind of responsibility foundation is a kind of trend which accords with the law of our country too. The responsibility quota of the convention provision may be the biggest obstacle for China to join the convention since it has something with economic development and the acceptance level for carrier in traveler's transport in China. As for this issue, the writer suggests that we should adapt to the way advanced gradually so that the gap between international system and Chinese responsibility quota. At last, as to rapid development that international maritime anti-terrorism legislation, the main measure adopted by China is to strengthen the international cooperation and accelerate legislation in this respect. It can be shown as two points: Firstly, making the regulations for implementing actively SOLAS convention amendment and ISPS rule and obeying the international convention attended by China. China as a convention contracting party's country and owning large fleets has obligation to carry out these measure strictly in order to offer the strong guarantee safely for the shipping and port of China. Secondly, according to the legislation in ensuring the security of the container of U.S.A., China should make the anti-terrorism regulation of suiting our country's national conditions before unifying the legislative regulation in the world. Under the international background of economic globalization and law unification, the influence of international maritime legislation on maritime law of countries all over the world will be obvious. It is necessary for Chinese development in maritime to keep with the international maritime legislation in line with. Therefore, we should have attach to both the study on the latest development in international maritime legislation and the legislative state in developed countries in order to adapt the demands on new century and the development of sea transportation industry in China. The ones that keep with international newest legislation of maritime in line can accelerate the legal construction in China, promote economic development rapidly and make...