Conflicts Of Laws And Application Of Laws For The Limitation Of Liability For Maritime Claims

Limitation of Liability for Maritime Claims is an important maritime legal system. It plays an important role in promoting the development of maritime transport. As one of the unique features of maritime law, its initial purpose is to protect shipowner’s interest. With the diversity of responsible parties, operators, charterers and salvers have also been included in the scope of protection. This system, founded centuries ago, is undertaking a process of development and refine.But every country’s regulations are different, and norms of private international law among states are not the same, so the justices have to face the difficulty in application of law when specific cases happen. We should make choice on foreign limitation of liability for maritime claim relationship and decide the applicable law. There are four legislative mode about the applicable of the limitation of liability for maritime claim in international society, that is the law of the court, lex leci deliciti, the law of the flag, the principle of the most closest relationship. For the problems above, with intent to suggest for the legislative and judicial activities of China, this article will undertake comparative studies in the application of laws for the Limitation of Liability for Maritime Claims.The author aims to conduct a thorough research on the unique legal system of Limitation of Liability for Maritime Claims, hoping to draw the attention of the academy on this issue and provide a theoretical reference for the maritime judicial practice. The emphases of the paper are as follows:in the first place, comment and thereby put forward the analysis of the international Conventions and foreign country’s regulations, and then introduces the generation of conflicts of laws in this field. In order to solve the question, there are two main theory schools called "single theory" and "split theory". Thirdly, analyze and classify the theories on the application of law in limitation of liability for maritime claims and finally launch my own points. I believe that in the issue of the application of the law of Limitation of Liability for Maritime Claims, the "split system" is better for the fairness in administration of justice, increases the certainty of application of law, be better for the development of maritime transportation, and also conforms to the international trend. Therefore, proposals should be that China’s law should divide the legal issues of Legal Limitation of Liability for Maritime Claims by their nature, and apply the most closely associated law to them.