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Research On Settlement Mechanism Of International Maritime Disputes

Posted on:2008-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ChengFull Text:PDF
GTID:2166360242964630Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Settlement mechanism of international maritime disputes is to resolve the maritime problems, including the maritime contracts from sea conveyance or relating to sea conveyance, unjustified benefit, voluntary service, maritime torts, etc. It is largely different from the common civil disputes and international trade disputes. Of course, it has its own characters. The settlement of international maritime disputes is based on domestic civil procedural laws and arbitral rules. As there are many differences among these countries' legal system, legislative purpose and scope, international maritime arbitration, international maritime litigation and the jurisdiction, legal application of international maritime arbitration often conflict. Occasional arbitration is an example. The current provisions of China only authorize institutional arbitration and don't accept occasional arbitration, which will not only lead to the inequality between domestic and overseas parties, but also lead to the inequality between different regions in China. So we must perfect our own systems of international maritime arbitration and international maritime litigation when studying international maritime disputes.Theory will be the main content of the article and practice will be introduced. The author will also consult relevant information to find a more effective, convenient and flexible settlement method to satisfy the developing international maritime. Both settlement research and legislation are important.
Keywords/Search Tags:International maritime disputes, International maritime arbitration, International maritime litigation
PDF Full Text Request
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