International Legislation On Limitation Of Liability For Maritime Claims

The system of limitation of liability for maritime claims plays an important role in the shipping industry,balancing the interests of the parties and maintaining stable operation of shipping industries.The limitation of liability should be adjusted and perfected according to the social development.This article is for the purpose of analyzing the new development of international maritime limitation of liability system on the basis of historical analysis,comparative analysis and value analysis,covering social department such as economics,sociology and maritime law,combining the existing defects in China,to improve the system of limitation of liability for maritime claims.In addition to the introduction and conclusion,the full text is divided into four chapters to discuss:The first chapter is an overview of the system of limitation of liability for maritime claims,introducing the concept,legislative value,basic principles and the determine method of limitation of liability.The limitation of liability for maritime claims have a long history and reflect the principle of fairness and justice,and is in line with the balance of game theory.The second chapter is about the new developments of the International Convention and law of other coastal countries on the limitation of liability for maritime claims.Starting from the liability limit change three factors,analyzing the reasons and method for the amendment,in order to provide reference for the development of Chinese maritime system.The third chapter is about the influence of the new development of international maritime liability limitation system.On the difference between the limitation of liability for maritime claims in International Convention and China,with water age data from 2002 to 2014 as a benchmark,a comparative analysis of the limitation of liability limits for international shipping and coastal transportation ship was made to discuss the problems caused by the difference between the International Convention and China Maritime Law.The fourth chapter is about the improvement and adjustment for the system of limitation of liability for maritime claims in China.China should join in Convention on Limitation of Liability for Maritime Claims in 1976,conditionally introduced dynamic reference mechanism and the domestic law shall be adjusted.If under the current situation,China could not join in Convention on Limitation of Liability for Maritime Claims in 1976,the domestic law shall be adjusted in according to Convention on Limitation of Liability for Maritime Claims in 1976.