Study On The Registration System Of Ships Sailing Internationally In Lancang-Mekong River

Lancang - Mekong River is the most important cross-border river in Southeast Asia and the sixth largest river in the world. It crosses six countries, named "Oriental Danube". In the context of cooperative development the Greater Mekong Sub-region countries identify shipping as priority areas. Because they found that shipping is a project which needs small investment, and can makes transporting goods and people efficiently and quickly, also can play a leading role in the progress of economy for those countries. What is more, it can facilitate the conditions for these countries' further cooperative development. Now the transnational shipping has made a substantial progress. At April 20 in 2000, the Government of People's Republic of China, Lao People's Democratic Republic, Union of Myanmar and the Kingdom of Thailand signed . And in June 2001, the international merchant shipping official started, the navigation in the upper section of Mekong River implemented. As navigation in lower section of the Mekong River, some experts pointed out their ideas of renovation early in the seventies of 20th century. From the conclusions of technical study on the upper Mekong River, it can be inferred that those ideas are able to become reality. The key of shipping in lower Mekong River is the solution of Kongbu waterfall navigation works, and dealing with the problem of this technology program is operable, it can be predicted that shipping through Kongbu waterfall will further enhance the value of the Lancang - Mekong River international shipping.The agreement among four countries provides that: "the ship registered in Any contracting party have the freedom of navigation in Lancang - Mekong River between Simao Port of China and Luang Prabang Port of Laos, in accordance with the provisions of this Agreement and the relevant rules accepted by the parties in common." Under the agreement, ship registered in the contracting party awarded the nationality of that State will be able to do business in the upper Mekong River freely, that is, ship's market access of this international waterway navigation is ruled by the national dominant legal system, the ship need to be registered in accordance with the law of that country. This article will analyze legal system for registration of ships sailing in Lancang - Mekong River internationally from the perspective of market access theory in economic law.The purpose of this article is to devise a legal system of ship registration which is relatively open, more relaxed and more convenient for the ships which do international business in Lancang - Mekong River. It seizes the opportunity of the Greater Mekong Sub-region Economic Cooperation, views the legal system of ship registration as a breakthrough point, and analyzes the special conditions of international shipping in the Lancang-Mekong River. The legal system for registration of ships shipping internationally in lancing-Mekong River will be devised to make further progress in the golden waterway shipping and the sub-regional economy, while China's national interests of economy, politics, security in this region have a very positive impact. In addition it will provide the trial for the reform of ship registration system in China, especially such issue being talked for a long time.The paper has five parts of a total:The first part is the status of registration system of ships sailing internationally in Lancang-Mekong River.This part begins with the geographical and cultural profiles of Lancang-Mekong River. And then it introduces the current legal system of China's ship registration. Through the analysis of the current ship registration system, we found it is not in line with the special circumstances of Lancang-Mekong River international shipping service market, and itself also have many much-needed improvements in international shipping service market access. So it is needed to set up a legal system of registration for the ships doing Lancang-Mekong River international shipping.The second part is legal factors analysis of the registration system of ships sailing internationally in Lancang-Mekong River.This part starts from exploring deeply into the dialectical relation between registration of ships and market assess, then reach a conclusion that ships registration system is a special market assess which is concerning social interests in economical law field. So it obtains a result that the basis of legal system for registration of ships sailing international is enhancing the administration of security. Next it discusses the element of registration system of ships sailing internationally in Lancang-Mekong River. First it analyses the concept of ships which are operating Lancang-Mekong River international shipping. Then it is a process of the relevant and adequate theoretical interpretation for the function in market access of this legal system. At last for choose the legislation model in market access, it clarifies the design of the legal system.The third part is research on the models of ship registration system in the world.This part focuses on the current legal system of ship registration to evaluate the models of comparison respectively, to seek practical model of the registration system which can meet the special circumstances of Lancang - Mekong River International navigation service market. It finds that International Ship registration system is a proper model.The fourth part is study on the significance and feasibility of the registration system of ships sailing internationally in Lancang-Mekong River.In this section it makes the interpretation of significance with the theoretical and practical significance; as to the feasibility it points the positive factors, such as basic theories, basic systems and conditions of polity, economy and culture.The fifth part is the construction of the registration system of ships sailing internationally in Lancang - Mekong River.For the registration system of ships sailing internationally in the Lancang -Mekong River, on the base of deep analysis in theoretical foundation and regulation principle, it shows the system from four aspects: the person who has competence to apply registration, the qualifications which registration requires the procedures which registration include and the registration office.