Liability For Maritime Claims Limit The Procedures And The Law Applicable To The Study

Due to the nature of the marine adventure and the ship-owners policy favoring the investment to the marine sphere followed, the limitation of liability for maritime claims, founded centuries ago, is undertaking a process of development and refine.As is widely known that the jurisdiction of the claims pertaining to the limitation of liability is vital to the interests of the party concerned as well as the state involved, all the littoral states through their legislation have set up the jurisdiction to their own interests which inevitably has caused the conflict thereof. As to the conflict of law, considering the provisions of the three international Conventions varies from one to the other and the understanding thereof divides either, the states therefore have laid down the different laws relating to the limitation of liability, which could reasonably explain the conflict of law prevailing. The Special Maritime Procedure Law of P.R.C. as well focuses upon the procedures to constitute the limitation fund for maritime claims, however, which needs supplement and refine in many aspects.With regard to the points noted above, the paper followed will conduct the overall research upon the limitation of liability for maritime claims in respect of the procedures and applicable laws.The introduction of status quo of the limitation of liability for maritime claims and the legislation history of liability limitation ushers the whole research and the set-up and existence thereof are also affirmed.The Chapter II mainly touches upon the jurisdiction of the limitation of liability for maritime claims. The Writer starts the discussion with the significance of the jurisdiction of the international maritime claims and fundamentals thereof; then shifts the focus mainly upon the jurisdiction arising from arrest in jurisdiction of the limitation of liability for maritime claims and special territorial jurisdiction. Based on the international Conventions and legislations of other states, the Writer makes his own comment to the jurisdiction of the limitation of liability for maritime claims as to the Special Maritime Procedure Law of P.R.C. and the judicial Interpretation thereof and thereby launched his own view thereto. As to "forum shopping" in the jurisdiction of the limitation of liability for maritime claims, the relation between the forum non-convenience and the limitation of liability for maritime claims and theformer application in the latter have been touched.As to the significance of the limitation of liability for maritime claims, it is held in Chapter III that the right to limit the liability is Gestaltungsrechte and applying for the limitation could constitute the independent suit of affirmation. Upon the comparison of the liability limitation procedures and the fund constitution legislation of the other states and the illustration of the liaison of the right to limit liability and procedures to establish the fund, the Writer holds that it is out necessary to affirm the independent suit for the limitation of liability for maritime claims in the legislation and thereby put forward his own design to the procedures for the limitation of liability for maritime claims.In Chapter IV covering the application of law in the limitation of liability for maritime claims, the Writer introduces the provisions concerned in the three international Conventions with the purpose to identify whether the limitation of liability is a matter of substantiality or procedure; cast the light upon the theories on the law application in the limitation of liability for maritime claims and holds therefore the conflict could be reduced only based on the proper application of some theories.The emphases of the paper are as follows:In the first place, comment and thereby put forward the revision suggestion to the procedures of liability of limitation for maritime claims in our nation; secondly, illustrate the significance of the limitation of liability for maritime claims and bring forward the design for the procedures; Thirdly, analyze and classify the theories on the application of law in limitation of liability for maritime claims and finally launch his own points.David Zhao (International Law) Directed by Professor Yao HongXiu...