Study On Certain Legal Issues Relating To The Vessel Collision In Maritime International Private Law

To provide a prosperous environment for the global economy is one of the main goals that maritime international private law is studied. It is also the duty of the people in the field of law to bring up guidelines which adapt flexibly to the ever-changing social changes for countries all over the world to follow.Nowadays, the rapid development of economic activities among different countries relies on a variety of means of transportation to serve the needs of economic exchanges, be it the land transportation, the sea transportation, or an airliner. Because of its low cost and massive capacity, the sea transportation guarantees comparatively high economic interest compares with the other means of transportation. The ships, which incessantly carry out geographic displacement, enable the carriage of cargo and passengers in the sea.However, since the damage caused by with a ship accident can be too enormous to be calculated accurately, which can possibly takes an astronomical amount of money sometimes even beyond the price of the ship itself, issues such as vessel collision, foreign elements, qualification, jurisdiction, select the regulation, liability of negligence and evidence, damages are within the range of concern when dealing with collision with foreign ships.Since maritime international private law applies to the foreign cases pertaining to the navigation in international harbor, and ships are the basis of marine business, the investigation of concepts, range, categories and nature to ships becomes the primary issue of maritime international private law.Since ships can reach a great range of distances and renders the sea transportation internationally ships travel around the world in order to transport cargo and passengers. The navigation of the ship between the countries in the world naturally create the foreign elements of legal relationship is unable to search its criterion base within country standpoint, this is because of the trade marine ships involve the legal act which provides the foreign service, both of which contain "foreign factors", are the most typical foreign-related cases, and also one of the most critical issues for maritime international private law.What international private law means by "identification" is to based on concepts or terms of law, analyze the composing elements of certain facts by way of discerning the quality or by classification. That is to say, the purpose of identification is to ascertain which law is to be applied when a specific kind of conflicts happens. For instance, to assure whether a ship colliding accident is a tort or contract law which is a case of identification. In the previous example, if the given case is identified as a tort, select the regulation of tort should be applied.An inseparable water body on the surface of the earth, the sea is the primary place where ships navigate. The institutions in charge of maritime affairs differs from country to country, the control over those issues is absolutely more complicated than that of the domestic issues. To decide which domestic court will be responsible for a maritime dispute, its maritime sue jurisdiction shall be identified in advance. The former is within the ordinary jurisdiction of the country, while the latter is attached to a country's national sovereignty of "international jurisdiction". In short, as long as a ship collision problem is associated with ships from another country, undoubtedly, it cannot be disconnected from the concept of "international jurisdiction".Since marine tort frequently involve domestic and foreign people, things, places, objects, ships and other foreign-related components, one should examine foreign elements, connect cause, law in order to determine which law is applicable to a given infringement. Where a foreign-related cases must be on the application of the law, national law and there is more than one competing foreign law or foreign law more than two between when competing, which should apply to foreign-related case or the other? Should have specific facts or factors with a specific foreign law has the closest relationship between the contact and reasonable to explore the truth or factors in this one has links with the national laws, should to select the regulation.Because ship collision accident happened for many reasons: force majeure, intentional or negligent factors etc., and the fault can also be divided into criminal law and civil law, furthermore, the concomitant legal responsibilities include respective responsibilities from public law and private law, this article only tackles issues within the scope of private international law of maritime areas. The study will centers on the civil liability for damages caused by human errors and ship collision.The point of indemnification for cargo resulted from ship collision rests on the concept of Proportion neglect duty. However, as to the personal injury damages caused by ship collision, both two sides should bear joint liability. In other words, in the event of personal injury damages, once the victim or the family members initiate a litigation, the victim from either party may receive full compensation for damages. The differentiation between compensation for object damages and personnel injuries thereby protects the rights of the victims or their families, which can also be seen as characterization of respect for human rights.To sum up, this study sets out to discuss related issues chapter by chapter. Through analyzing the impact of the relevant conventions of the international norms and national legislation and case by the means of both inductive and deductive approaches, the ultimate goal is to make suggestions to eliminate the ship collisions caused by cross-border trade disputes as well as to the progress of in the field of private, and eventually stabilize the development of social and economic aspects of the society.