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Study On The Jurisdiction Of Maritime Cross Border Bankruptcy Cases

Posted on:2021-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:M T MaFull Text:PDF
GTID:2416330626962463Subject:International law
Abstract/Summary:PDF Full Text Request
To determine the jurisdiction of cross-border maritime bankruptcy cases is the premise and basis to solve other problems.Whether in the intersection of bankruptcy proceedings and special maritime proceedings or in the trial of cross-border maritime bankruptcy cases,the position is very important.Because the jurisdiction is related to the national interests of a country,so in cross-border maritime bankruptcy cases,there are always problems involving jurisdiction conflicts ? However,at present,the international community does not have a unified international treaty to coordinate the issue of cross-border maritime bankruptcy.The UNCITRAL Model Law on cross border insolvency(the "model law")is the only guiding norm in the field of cross-border insolvency,but its nature is also limited to norms,not as universally binding as legal provisions.At the same time of absorbing and using the model law,all countries have not fully considered the development of international maritime law.Therefore,there are still contradictions between maritime law and bankruptcy legal system,and the jurisdiction issues involved in cross-border maritime bankruptcy cases are still urgent.Based on this background,this paper discusses the jurisdiction of cross-border maritime bankruptcy cases,supplemented by the analysis of Hanjin maritime bankruptcy cases.The purpose is to provide certain reference for the legislation of cross-border maritime bankruptcy cases in China,so that China can handle cross-border maritime bankruptcy cases more effectively and effectively protect the national interests of China.The first part is the overview of the jurisdiction of cross-border maritime bankruptcy cases;the second part introduces the relevant international rules of the jurisdiction of cross-border maritime bankruptcy cases;the third part selects the bankruptcy cases of Korean shipping,through the analysis of Singapore,the United States and China's handling of the case,summarizes the handling The fourth part puts forward suggestions to improve the handling of cross-border maritime bankruptcy jurisdiction cases,in order to alleviate the jurisdiction conflict between maritime court and local court,adapt to the trend of international cooperation in the field of cross-border maritime bankruptcy,and increase the support and cooperation between China and the international community in relevant fields.The author also points out that through this study,on the one hand,countries all over the world have followed theinternational trend of the unification of cross-border insolvency law,coordinated the coordination of maritime insolvency procedures,and we hope that we can first try the unification of bankruptcy movement in the maritime field.On the other hand,China needs to improve its domestic cross-border bankruptcy law and strengthen international cooperation in order to better cooperate with the global cross-border bankruptcy unification movement.
Keywords/Search Tags:Cross border maritime bankruptcy, insolvency proceedings, Maritime special procedures, Jurisdiction
PDF Full Text Request
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