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Sea-carriage accounts for about 90 per cent of Chinas foreign trade and with China being one of the world's fastest growing economies, Chinese shipping law has an increasing part to play in international maritime disputes. Chinese shipping law is based on the Maritime Code - this book, however, examines Chinese shipping law from a common law perspective and translates Chinese legal concepts and terminology into a form more familiar to those dealing with shipping under a common law tradition.
Maritime Law in China by Johanna Hjalmarsson,Jenny Jingbo Zhang Pdf
The Chinese maritime and shipping market has been expanding enormously in recent times as its commercial capacity to perform shipping, ship building, banking and insurance activities grows and the role of the State as guarantor of commerce is gradually reduced. This book provides a detailed guide to current Chinese maritime law, written by an expert team of contributors and systematically covering key areas such as carriage of goods by sea, international trade, vessels and seafarers and maritime liabilities. The authors explore cutting-edge issues within each topic, and analyse current trends in law reform. The book will be of interest to academics researching commercial and maritime law, as well as maritime law practitioners and shipping industry professionals working with aspects of Chinese maritime practice.
Maritime Law and Practice in China by Liang Zhao,Li Lianjun Pdf
A comprehensive treatment of Chinese maritime law and judicial practice, this book covers both substantive law and procedure law of maritime law in mainland China. This is a professional book for both academics and practitioners in the field of maritime law. Including analysis of and comment on judicial practice from the Supreme People’s Court, Higher People’s Courts and ten maritime courts, as well as a whitepaper of Chinese maritime adjudication for 30 years (1984-2014), this brings to an English-speaking audience for the first time some of the most technical aspects of maritime law. It is therefore an invaluable resource for all those interested in maritime law in China.
Maritime Law and Policy in China by Sharon Li,Colin Ingram Pdf
This text presents all the major maritime laws of China, with detailed explanations of the rationale behind the legislation. In the past two decades China has become a major trading and maritime nation, adopting over 20 maritime laws.
Chinese Maritime Cases by Martin Davies,Jiang Lin Pdf
This book selects leading, innovative and influential Chinese maritime judgments and presents full translation of them, with brief summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. China trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each single day. Due to the enormous and steadily growing trade volume and shipping activities, foreign ships, companies and persons are often caught by the Chinese maritime law and court. The parties involved and their lawyers are more than ever enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predict the potential problems and avoid the disputes outright. The book is appealing to and benefits worldwide law students, academics, practitioners and industrial people in the shipping, trade, insurance and financial fields. The book remedies to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions.
Chinese Maritime Cases by Martin Davies,Jiang Lin Pdf
This book selects leading, innovative and influential Chinese maritime judgments and presents full translation of them, with brief summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. China trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each single day. Due to the enormous and steadily growing trade volume and shipping activities, foreign ships, companies and persons are often caught by the Chinese maritime law and court. The parties involved and their lawyers are more than ever enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predict the potential problems and avoid the disputes outright. The book is appealing to and benefits worldwide law students, academics, practitioners and industrial people in the shipping, trade, insurance and financial fields. The book remedies to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions.
Chinese Maritime Cases by Martin Davies,Jiang Lin Pdf
This book selects leading, innovative and influential Chinese maritime judgments and presents full translation of them, with brief summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. China trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each single day. Due to the enormous and steadily growing trade volume and shipping activities, foreign ships, companies and persons are often caught by the Chinese maritime law and court. The parties involved and their lawyers are more than ever enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predict the potential problems and avoid the disputes outright. The book is appealing to and benefits worldwide law students, academics, practitioners and industrial people in the shipping, trade, insurance and financial fields. The book remedies to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions.
Limitation of Liability for Maritime Claims by Xia Chen Pdf
Limitation of liability for maritime claims is an important system for the shipping industry. The original rationale for such a system was to encourage the shipping enterprise. However, in our today's much changed world, the system has been under severe attack and has been described as `hopelessly anachronistic'. Yet, the debate over repeal or retention of the system is far from settled. This book traces the history and development of limitation law around the world. It compares various limitation laws in operation under different legal regimes. In particular, it analytically scrutinizes the limitation systems under U.S. law, Chinese law and international conventions. It explores the possibility of international uniformity of maritime limitation law and points out that complete uniformity will not be achieved unless the United States joins the international community. It concludes that although there is a need for reform of the system, limitation of liability for maritime claims is here to stay. This book also thoroughly examines the limitation system under the Chinese legal regime through comparison with U.S. law and in the context of international conventions. Both practitioners and academic scholars will find this book helpful in understanding Chinese law in general and Chinese maritime limitation of liability in particular.
University of Virginia. Center for Oceans Law and Policy. Conference
Author : University of Virginia. Center for Oceans Law and Policy. Conference Publisher : Martinus Nijhoff Publishers Page : 531 pages File Size : 50,9 Mb Release : 2006 Category : Law ISBN : 9789004148413
Recent Developments in the Law of the Sea And China by University of Virginia. Center for Oceans Law and Policy. Conference Pdf
The focus of this book is on current ocean law and policy issues particularly in the region around China. The work will be useful to anyone concerned with law of the sea in general and the evolving attitudes of States near China in particular.
This book selects leading, innovative and influential Chinese maritime judgments and presents full translation of them, with brief summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. China trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each single day. Due to the enormous and steadily growing trade volume and shipping activities, foreign ships, companies and persons are often caught by the Chinese maritime law and court. The parties involved and their lawyers are more than ever enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predict the potential problems and avoid the disputes outright. The book is appealing to and benefits worldwide law students, academics, practitioners and industrial people in the shipping, trade, insurance and financial fields. The book remedies to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions.
Chinese Maritime Cases by Martin Davies,Jiang Lin Pdf
China (the Mainland of PRC) trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each singe day. Due to the enormous trade volume and shipping activities, foreign ships, companies and professionals are often caught in the Chinese maritime law and court. The foreign parties involved in Chinese litigation or dispute resolution and their lawyers are more and more enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predicate the potential risks and avoid the disputes outright. However, to date, no Chinese series casebook has ever been published. Now, for the first time, the authors offer this series casebook of delicately selected Chinese maritime judgments. Each year, the book selects a number of leading, innovative and influential Chinese maritime judgments and presents full English translation of them, together with summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. The book will benefit the worldwide students, academics, practitioners and industrial people who may be engaged in international trade, shipping, insurance and other transactions concerning China. The book will also indemnify to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions and grows in real life.
The Measurement of Damages in Carriage of Goods by Sea by Wei Fan Pdf
Trade between Britain and China is rapidly expanding, and shipping law plays an important role in facilitating economic activity. This thesis provides an exemplification on the measure of damages in the carriage of goods by sea in both countries. It will help practitioners as well as scholars from both countries to understand the peculiar features and dynamics of the topic in the other's shipping laws. The Chinese law of damages and shipping law are not as detailed or as well-structured as its English counterpart. Over the years, some articles in the Chinese Maritime Code (CMC) have been interpreted inconsistently, e.g., art. 55, and there is contradiction among different laws on the said topic, resulting in considerable confusion about the law. Bizarre and arguably unjust applications of legal rules continue to surface in claims for damages. A large number of contradictory decisions have been produced in Chinese shipping cases. Similar heads of damages are accepted or rejected in a process which at times seems alarmingly random. It is time to revisit the CMC and the law of damages and to urge their reform. England is a well-established centre of shipping litigation and arbitration in the world and its shipping laws are more influential on Chinese maritime courts than those of any other country. Several senior Chinese scholars suggest that English law is the model on which the reformed CMC should be based. This thesis is written with a view to encouraging a revision of the defects in the CMC and to changing aspects of the current Chinese law of damages. It expounds on the English law part, provides a principled explanation for legal rules in cargo claims, reviews relevant Chinese law, makes comparisons between English and Chinese law at length, addresses the problems in Chinese shipping law and seeks a solution. It is hoped that this thesis can provide instructive recommendations to Chinese lawmakers and clarify the chaos inherent in interpreting the relevant law. In a few aspects, Chinese law seems fairer than the English position, which English scholars may find refreshing and enlightening. This thesis also proposes to increase the awareness of national decision-makers, especially the Chinese, of the international tenor of existing and proposed international maritime laws, as well as the concomitant duty to interpret and implement them as such.
Chinese Maritime Cases by Martin Davies,Jiang Lin Pdf
China (the Mainland of PRC) trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each singe day. Due to the enormous trade volume and shipping activities, foreign ships, companies and professionals are often caught in the Chinese maritime law and court. The foreign parties involved in Chinese litigation or dispute resolution and their lawyers are more and more enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predicate the potential risks and avoid the disputes outright. However, to date, no Chinese series casebook has ever been published. Now, for the first time, the authors offer this series casebook of delicately selected Chinese maritime judgments. Each year, the book selects a number of leading, innovative and influential Chinese maritime judgments and presents full English translation of them, together with summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. The book will benefit the worldwide students, academics, practitioners and industrial people who may be engaged in international trade, shipping, insurance and other transactions concerning China. The book will also indemnify to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions and grows in real life.
UNCLOS and Ocean Dispute Settlement by Nong Hong Pdf
This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.
