The Conflict And Solution Between Maritime Liens And Limitation Of Liability For Maritime Claims

Maritime lien and Limitation of Liability for Maritime Claims both have existed under the regime of maritime legislation. They both have truly old origins, and play important roles in assuring the stable development of shipping industry. Maritime Lien aims at protecting the interests of certain claimants, while Limitation of Liability exists with the purpose of protecting the interests of shipowners. The legislation purposes of these two mechanisms are opposite to each other. Furthermore, these two mechanisms are conflict in proceeding. The differences in system design inevitably courses conflicts between these two mechanisms, however, the conflicts can be balanced and harmonized.The first part of the dissertation will introduce the Maritime Lien and analyze the legal characteristics of it. In this part, the dissertation will mainly analyze the priority of Maritime Lien and introduce the payment order. The payment order of Maritime Lien is quite complicated, therefore, the dissertation will discuss it by using graphics.The second part of the dissertation will analyze Limitation of Liability for Maritime Claims, which will introduce the different system designs of this mechanism. In this part, Limitation Fund will be emphatically analyzed, which foreshadows the third part of this dissertation.The third part of the dissertation will analyze the conflict between Maritime Lien and Limitation of Liability for Maritime Claims, which contains the difference of protection, overlap of claims, and the difference in exertion of right.The last part of the dissertation will discuss the possible methods to harmonizing the conflicts between these two mechanisms. Specify the conflicts from horizontal and vertical two aspects. Then, the dissertation will discuss the necessity of initiate Limitation of Liability. Last, state the possibility of coexistence of these two mechanisms and the possible methods of harmonizing and balancing the conflict between these two mechanisms.