Legal Thinking On The System Of Ship Arrest

Arresting of the ship, as an important measure to settle maritime disputes, undoubtedly, has been a key subject in maritime studies. It provides essential evidences for courts to get jurisdiction as well as reliable security for the claimers. Systems of arresting of the ship seem to be identical in various countries, since the two basic functions of it have been widely accepted by international conventions and civil legislations. However, the real case is that operation bases differ owing to great distinction in recognition of theoretical resource of the system in the two major legal systems. Consequently, conflicts occur unavoidably in the application of the system despite of identification in forms and procedures by international conventions. Furthermore, conflicts among the judicial powers can not be tackled in a short time, on the other hand, new conflicts will occur with the application of the system, which has been harmonized by international conventions. Fluidity and great value of the ships make the conflicts even more apparent, which should be handled by various means in quest of the constant development.This thesis contains 4 chapters. In chapter 1, analysis on theoretical basis and history of arresting of the ship in the two major legal systems are introduced by way of comparison. Coordination by international conventions and reference for our country are provided as well. The system of arresting of the ship in common law countries is tightly connected with action in rem , which, as an old and lively law system ,plays a very important role in maritime lawsuits, and has influenced the civil law countries as well. As one kind of methods to obtain security, the system of arresting of the ship in civil law countries is still playing an important role because of its logic and practicability. International conventions make positive contributions to the unity of various systems. The legislation of our country has been in the advanced row of the world after the development of more than twentyyears. In chapter 2, the author explores potential conflicts resulting from arresting of the ship, i.e. the jurisdiction conflicts among various countries and the insufficiency of legal force of security. In chapter 3, the author is in pursuit of some possible ways to settle these law conflicts. These ways mainly include indicating that the jurisdiction of arresting of the ship is not exclusive or prior by legislation, limiting the jurisdiction by adopting the doctrine of forum non conveniens and relevant international conventions, and expanding the legal force of the security. In chapter 4, the author briefly analyzes some issues in practice which are uncertain in law and maybe have drawn arguments so far.Liu Yan (International Law) Directed by Professor Hou Jun...