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On Conflict And Coordination Of Jurisdiction Of International Martime Action

Posted on:2006-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:M WuFull Text:PDF
GTID:2166360155456330Subject:International law
Abstract/Summary:PDF Full Text Request
Maritime action is a special proceedings system, especially, the issue of the jurisdiction of maritime action itself is a varied, complicated and important topic. It includes not only the category and allocation of the jurisdiction of a specific civil maritime action, but also the coordination and resolution of the conflicts of jurisdiction in international maritime action. It underlies the unification of the international maritime laws. This article expounds the basic theories of the jurisdiction of international maritime action, and puts forward some suggestion on how to resolve the problem of the jurisdictional conflicts of international maritime action by analyzing the reasons of the existing jurisdictional conflicts, which have been paid much attention to in the theoriatical fields. The article expounds the jurisdiction by agreement of maritime action, combining with the jurisdiction according to the clause of bill of lading, and points out some issues existing in China upon judicial practice of resolving the problem of jurisdictional conflicts, which is not in coordination with maritime action, and worthy of being researched to a wider and further extent. At the same time, the article puts forward some relevant suggestion on the reform and adjustment of the principle and the policy of the jurisdiction of maritime action after China's entry into WTO.specific jurisdiction and jurisdiction by agreement, etc. Finally,the article makes a further research on the special theory and practice of jurisdiction in martime action ,such as distress jurisdiction.The article includsfour pars.The first part analyzes the difference between the jurisdiction of martime action and the international jurisdiction of martime action in basic...
Keywords/Search Tags:the jurisdiction of maritime action, basic system of jurisdiction, specific jurisdiction conflict of jurisdiction, international coordination
PDF Full Text Request
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