Influences Of The Transport Law Draft On The Limitation Of Liability For Maritime Claims And Recommandations

At first, analyzing stipulations in The Draft related to the Limitation of Liability for Maritime Claims (called LLMC for short), the article studies The Draft's influences on aspects of LLMC one by one and concludes reasonably. Then the article emphatically researches the problems that appeared in the former and proposes accordingly at last. The article is intended to notice and pursue The Draft's changes in the transportation field and its influences on other maritime institutions, so that different institutions can harmonize well with each other and develop in harmony.About The Draft's influences on LLMC, the article concludes as follow:1. The subject B regularized by The Draft are not entitled to LLMC when they perform by liners; while when by voyage charter, as charterers, they are entitled to LLMC on maritime claims that is ones between ships and cargo owners in substance; when by slot charter, they are entitled to LLMC as charterers, too.The port operator is not entitled to LLMC.2. The Draft's changes in principle of responsibility, exonerations, responsibility of seaworthiness and so on may have quite great influences on amount of liability;Abolishment of "exoneration from liability by navigation fault" will shrink greatly the amout of General Average contribution;Abolishment of "exoneration from liability by navigation fault" will bring a new attack to the procedure of LLMC;The Draft will not effect essentialy the nature of claims and the conditions of LLMC.As for the more and more fierce conflict in the fund jurisdiction in case of ship collision with the abolishment of "exoneration from liability by navigation fault" , the article suggests:1. In the case of ship collision, several courts choice in 1952 International Convention on Some Stipulations about Civil Jurisdiction of Ship Collision is not suitable, while the court in the collision place is the right one; the fund should be supplied to this court and the related debtees should bring lawsuits or register claims inthis court; the fund should be founded in this court if it is founded before the lawsuit is brought.2. As for the jurisdiction of ship collision on the high sea, if the colliding ships belong to the same country, the court of the flag State is the most suitable; if not, the court should be the one that is the first to accept and hear the case.