Seizure Of Legal Issues Relating To The Ship

This dissertation concentrates on the studies of the legal issues of the arrest of ships by means of historical analysis, integrative analysis, comparative analysis and illustration. This dissertation is composed of 4 chapters.Chapter 1 emphatically probes the historical development of the arrest of ships in two main families of laws----English Law and Continental Law as well as the historical development in China, mainly expounds the legislation of the arrest of ships both abroad and home, such as "International Convention on Arrest of Ships, 1999", "International Convention for the Unification of Certain Rules to the Arrest of seagoing Ships, 1952", "Special Procedure Law of Maritime Litigation of People's Republic of China" and "Maritime Code of the People's Republic of China".Chapter 2 deliberates the issues of jurisdiction which arise by the arrest of ships. This chapter concludes forum shopping, forum non-convenience principle and the relationship between jurisdiction of ship arrested and jurisdiction agreement or arbitration agreement, emphatically probes forum non-convenience principle, recommends our national legislation draw into this principle.Chapter 3 studies the legal relationship of the arrest of ships., puts emphasis on discussing the subject of the arrest of ships, expounds the scale of the arrest of ships, mainly studies the arrest of ships directly involved and the arrest of sister ships, introduces the new development of the arrest of sister ships, recommends our national legislation should conform to the new development.Chapter 4 is the key part of this dissertation. It discusses several practical issues appear in China, mainly uses illustrate to expound the issues, discusses the nature of the issues as well as the present legislation, recommends how to solve the issues.