Study On The Jurisdictional Conflict Of B/L

The jurisdictional conflict of bill of lading is the jurisdictional conflict between different jurisdictions caused by the action of maritime bill of lading.With the development of international economy,trade and shipping market,the conflict of jurisdiction of bill of lading has become one of the most common conflicts in the field of conflict of laws.Bill of lading has a long history of jurisdiction over conflicts,International The provisions of treaties are not enough,and the legislation of different countries is quite different,which leads to the aggravation of the conflict of jurisdiction over bill of lading.To study the conflict of jurisdiction of B/L,there are two issues concerning the jurisdiction of B/L,one is the validity of the jurisdiction clause of B/L,the other is the jurisdiction of maritime action of B/L.From the perspective of jurisprudence,the former belongs to the choice of the parties to the court,while the latter is the exercise of jurisdiction by the court.This paper comprehensively uses the methods of historical analysis,comparative study and empirical analysis to analyze and elaborate the jurisdiction clause of bill of lading and the jurisdiction of maritime bill of lading litigation,and deeply analyses the direct and fundamental causes of the conflict of jurisdiction of bill of lading.Finally,combining with the international conventions and the legislative practice of different legal system countries,this paper puts forward the solution to the conflict of jurisdiction of bill of lading.In particular,this paper can be divided into four Chapters:Chapter 1,"The jurisdiction clause of bill of lading and its validity",mainly studies the concept,theoretical basis,value of jurisdiction clause of bill of lading,and the validity of jurisdiction clause of bill of lading.As for the validity of jurisdiction clause of bill of lading,the judgment of courts of different countries is also different.Some countries tend to limit the validity of jurisdiction clause of bill of lading,while others tend to support and acknowledge the validity of jurisdiction clause of bill of lading.This is due to the differences of maritime litigation interests and legal origins of different countries.The validity of jurisdiction clause of bill of lading includes three aspects: applicable law,limitation of validity and exclusiveness.As for the validity of the jurisdiction clause of bill of lading,there has always been controversy in the theoretical circle.Because of the different value orientation of the jurisdiction clause of bill of lading,scholars have different understandings about the validity of the jurisdiction clause of bill of lading,which leads to confusion in practice about the validity of the jurisdiction clause of bill of lading.Chapter 2,"Jurisdiction of Bill of Lading in Maritime Litigation and Its Exercise Ways",mainly studies the concept,theory and exercise of jurisdiction of Bill of Lading in Maritime Litigation,and analyses the legal conflicts arising therefrom.With the development of international economic integration and legal theory,fairness and justice have become the pursuit of law in most countries.Therefore,the core and meaning of power theory have changed,showing the trend of transition to fairness theory.At present,the theory on which jurisdiction is established in our country still has a strong color of "power theory",which should be adjusted appropriately to follow the pace of the development of international theory.In addition,there are some differences in the way of exercising the jurisdiction of maritime action of bill of lading between the two legal systems,which is also the cause of jurisdiction conflict.Chapter 3 "The Reasons and Analysis of the Conflict of Jurisdiction of Bill of Lading",through the study of jurisdiction clauses and maritime litigation jurisdiction of Bill of Lading,concludes that the direct cause of the conflict of jurisdiction of Bill of Lading lies in the inconsistency of the validity of jurisdiction clauses of Bill of Lading and the differences in the theoretical basis and the way of jurisdiction exercised by different countries when obtaining juris The reason is that the pursuit of maritime litigation interests by various countries has led to the contention of jurisdiction of bill of lading,which has led to the conflict of jurisdiction of bill of lading.Chapter 4 "Solutions to the conflict of jurisdiction of bill of lading",after studying the relevant rules of international conventions and the legislative practice and theoretical principles of various countries,points out that the settlement of the conflict of jurisdiction of bill of lading must rely on the unified provisions of international conventions and the support of domestic legislation.International conventions such as the Rotterdam Rules and the Convention on Choice of Court Agreements have increasingly improved the provisions on this issue.However,due to the limitation of the depth and breadth of the convention,domestic legislation is still needed to support it.Specifically,it is to improve the agreement jurisdiction system,establish the refusal jurisdiction system,and recognize the pre litigation jurisdiction system.