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On The Settlement Of Maritime Dispute And Reconstruction Of Related Legal System

Posted on:2012-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:F YangFull Text:PDF
GTID:2216330338973848Subject:International Law
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Comparing to other civil disputes, maritime disputes have its characteristics. Accordingly, maritime dispute settlement system has a certain particularity. Maritime litigation, arbitration and mediation comprise China's current maritime dispute resolution system. These maritime dispute resolutions plays an important role in China's marine judicial system, but China's maritime dispute settlement system still existed many problems comparing with England, America. Nowadays, China's maritime transport and shipping services has developed rapidly. For the healthy, stable and continued development of shipping industry, reconstruction of China's maritime dispute settlement mechanism and the relevant legal system has been imperative. Based on theories and practices of international economic law, maritime law, litigation and arbitration law, existing effective international rules and regulations at home and abroad, this paper put forward suggestions to build a sound judicial system and maritime relevant legal regime for China. On this basis, this paper researches legal problems in the construction of Pan-Beibu regional shipping center and maritime dispute resolution system. It proposes suggestions to amend The Agreement on Dispute Settlement Mechanism of the Framework Agreement of the China ASEAN Free Trade Area, so as to apply to the work of maritime dispute resolution.Accordingly, this paper is divided into five chapters.The first chapter is "maritime disputes and the dispute settlement system." The first section of the chapter is talking about definitions of marine and maritime disputes and the characteristics and types of maritime disputes are introduced. Then, section II discusses the ways to solve maritime disputes, including maritime litigation, maritime arbitration and maritime mediation.Chapter II is "Comparative Study on Anglo-American maritime litigation and arbitration." Comparison of foreign countries, particularly developed countries' maritime shipping litigation and arbitration system, has important reference value for Improvement of our country's maritime dispute settlement mechanism and the relevant legal system. First section of the chapter introduced British maritime litigation and arbitration system, involved the civil rules and arbitration law. And Section II describes the American system of maritime litigation and arbitration, including the United States Rules of Civil Procedure, the Marine special procedural rules and the United States legal system of arbitration.The third chapter is "Situation and Problems of the Maritime Dispute Settlement System of China." This chapter discusses China's current maritime dispute settlement mechanism and related problems in the legal system.Chapter IV is "Suggestion to Reconstruction our country's maritime dispute settlement system." For the issues raised in the third chapter, the chapter gives proposals to solve the above problems. ChapterⅤis "Construction of Pan-Beibu Gulf Zone Regional Shipping Center and Maritime Dispute Settlement System." SectionⅠdescribes significance of the construction of Pan-Beibu regional shipping center and favorable conditions. SectionⅡhighlights the function of maritime dispute settlement system to the construction of Pan-Beibu regional shipping center. SectionⅢfirstly analyzes two ways to establish maritime dispute resolution system of Pan-Beibu regional, then the Article give opinions of amendments to "Dispute Settlement Agreement of China-ASEAN Free Trade Area", so as to apply to the specific concept of maritime dispute resolution.
Keywords/Search Tags:maritime dispute, maritime court, maritime arbitration, maritime mediation, Pan-BeiBu Gulf International shipping center
PDF Full Text Request
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