Study On Impacts Of Maritime Public Law On The Nautical Fault Exemption

Nautical fault exemption has been existed for one hundred and twenty years.During this period, the controversy over whether the right is abolished has never beenstopped between shipping parties and cargo parties. Until the emergence of the ISMCode, the basis of nautical fault exemption has been shocked seriously. This conflictaffects the success rates and other issues of carriers when applying for the exemption ofnautical fault. Therefore, there is theoretical and practical significance to clarify theseimpacts when considering amending the law.Because of the angle and the basis of legislation, the ISM Code, which is maritimepublic law, is able to impact on the maritime private law. In order to list the impacts onthe nautical fault exemption and judge the necessity of the right, the theoreticalfoundation and the examples are listed. Then the right will be placed under the ISMCode for detailed analysis. Finally, legal advice of maritime law was proposed focus onthe effect of the implementation of the ISM Code.Firstly, the dissertation explains the basis of nautical fault exemption using legaland economic analysis. Secondly, the contents of the ISM Code will be in comparisonwith the system mentioned above; the thesis highlights the contribution of the ISMCode on the safety of navigation and shipping company and operations management.There are three levels to analysis the impact of the ISM Code on the exemption. Thefirst one is focus on the nautical fault defense from theory-based perspective. Thesecond level discusses that the ISM Code makes more supports on the established ofunseaworthiness and carrier shore management fault. Correspondingly, the success rateof nautical fault exemption will be reduced apparently. The third level enumeratesprevious common nautical fault exemption examples and updates the new results underthe ISM Code. The last part proposes humble opinions on whether the fault exemptionis abolished basing on the effect of the implementation of the ISM Code in China.