A Study On Comparing Chinese, English And American International Hull Clauses

Chinese Hull International Clauses take a small part in the marine insurance market because of its trailing to some extent.However,English hull international clauses prevail in international marine insurance market.What's more,through several times of amendments,the international hull clauses amended by Joint Hull Committee in 2003 obtained considerable effect.In United States,whose law system is also belong to common law system,the international hull clauses keep considerable part in the international marine insurance market although there is almost no amendment after they were formulated.This thesis compares three groups of insurance clauses,which are Chinese Hull International Clauses,International Hull Clauses by Joint Hull Committee and American Institute Hull Clauses from three aspects,from a broad view to a micro view.Chapter 1 outlines the background and operation of three group clauses and compares how these three states form their own system of international hull clauses in different history stages and with different acknowledgment of marine insurance industry. Through the investigation and study on the operation,this thesis defines thinking method and mode of clauses formulating or amending of these three states,measures whether these clauses in effect are adapt to modern market and study whether these clauses in effect need further amendment or consummating.Chapter 2 compares clauses in their own law environment dialectically.The basic principles of law of marine insurance prescribe the developing orientation of international hull clauses which are reflecting two parties aspiration.Different law environments generate different principles or,in other words,have different essences and meanings.This thesis discusses whether the advanced clauses could be transplanted or recommended to other states or districts,either other states or districts could make some amendments to adapt to this market relevantly.Chapter 3 is the highlight of this thesis.It compares every concrete clause through the micro view.With regard to that IHC2003 is the most abundant and advanced clauses, this thesis compares three group of clauses centered in IHC2003.Chapter 3 compares clauses by dividing them into two parts.The first part is substantial clauses---main insurance conditions and the second part is procedure clauses---claim and recovery clauses.These two parts include General Clause,Perils,RDC,GA and Salvage, Pollution Hazard etc.Chapter 4 summarizes the whole content of this thesis.It emphasizes that under the integral environment that English clauses operate well,American clauses are prolonged and clauses of North-Europe appears actively,our Chinese Hull International Clauses which are without any amending or improvement in twenty years or more needs supervision through thinking method and contents,and we need necessary amending and consummating.