Ship Collision Damages

This thesis focus on the theoretical and practical studies of the damages to collisions at sea by researching means of case analysis , comparative analysis, institutional jurisprudence, philosophy of law etc. and by logic measures of rule analysis, illustration, combination of domestic law with international law. It is composed of seven parts.Preface: Presents the developments of damage to collisions at sea as well as its deficiency domestically and internationally. And also introduces the measure of study including the scope, means, basis etc.Chapter 1: analysis the CMI Risbon Rules and domestic marine jurisprudence, introduces the new system of "joint case principle" in order to amalgamate the constitutive law and the common law.Chapter 2: probes into the concepts and nature of collision and the consequential damage, establishes the character of the integration of collision cases.Chapter 3: introduces and develops the basis of liability and requisites to constitute a civil liability of torts at sea. The sole principle of faults can not meet the requirement of fast moving shipping business and should be replaced by combined principle of liability. For the essentials to constitute liability, the thesis is concentrating on how to determine the faults and the theory of causation, especially on the principle of foreseeability which is the key point in the causation determining.Chapter 4: presents the principle of damage, mainly on the general principle, eg. "Restutio in Integrum" and also discusses the relationship between the general principle and other principles.Chapter 5: calculations of damage, they are formed of 5 divisions as total loss -. partially damage, damage to cargo and other properties interest loss and damage in foreign currency.Conclusions: makes the suggestions for legislation to make new conception of 'torts at sea" or "torts of ship" taking the place of the conventional concepts of "ship collision"; to establish the combined principle of liability and the joint case principle to match the progressively requirement of shipping economy.Wang Yifeng (Maritime Law) Directed by Yang Zhaonan...