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Warships Maritime Law For Discussion

Posted on:2004-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:X D FangFull Text:PDF
GTID:2206360125961275Subject:International Law
Abstract/Summary:PDF Full Text Request
United Nations Convention On Law Of The Sea and a series of international conventions, which particularly determine the legal status and property of the warship in Law Of The Sea, are endowed with the special maritime legal relationship to the warship which is different from the merchant ship. In usual time, about how to distinguish the legal particularity of the warship so as to define its jurisdiction of courts and law application and how to solve the foreign maritime case in law, as well as how to classify the responsibility. determine the compensation. properly deal with the maritime legal problems of the warship in the existing legal scope in order to provide a theory and a practice for naval warship activity and dispute, are all around with the trial of the warship tort, for example, warship collision. environment pollution and salvage at sea etc, that is also the purpose and significance of this thesis.So far, the warship is excluded from the application area of many international maritime laws and the maritime code in china In academic circles, there is a few work engaged in the warship maritime tort case, In view of that, this article is mainly to analyse the legal status of the warship, consider the particularity of the warship activity, draw on the experience of the maritime case trial of the warship all over the world, also base on the principle and regulation of International Law. Maritime International Private Law. National Law and as well as to point at the limitation of die warship which is applied to the maritime rules, emphasize on the analysis of the tort type of the warship. jurisdiction of courts and legal application principle, discuss the analogy which is applied to the maritime code in order to deal with the warship disputes in maritime case, research the detail that should be paid attention to in the maritime judicial trial of thewarship so as to provide a reference for the legal case and judicial practice of the warship and also uphold our Chinese warship's legal rights and interests in the international world and timely hear the maritime case and dispute to keep the proper legal order.Because the foreign affairs of our Chinese navy are still in the developing stage, the research of the detailed application is lacked in the warship maritime case and disputes theoretically which is easily to have a certain blindness in maritime judicial practice. Considering the circumstances above-mentioned, this article is only an effort of a maritime law learner to bring the specialists and scholars paying attention to the problems.
Keywords/Search Tags:Warship, Maritime legal relationship, Maritime code
PDF Full Text Request
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