Study On The Himalaya Clause And Its Effection

In this paper,through analyzing the evolution changing course about the Himalaya provision and in view of the difference and dispute appearing in the judicial practice of our country at present,according to the national conditions of our country and legislative suggestion of the international development,the paper trend to research and propose it.The whole paper altogether divides into five major parts.First is the Himalaya provision outline.Mainly introduces the origin,the content as well as the development phase about the Himalaya provision.The second part focuses on introducing the Himalaya provision's rationale.At the beginning of the Himalaya provision,it was faced the theory barrier,this part of stressful introduction of the British and American legal system country as well as from this summary the rationale to these theory barrier breakthrough which summarizes.The third part introduces some classical legal precedents of the British and American legal system country,the mainland legal system country which recognized to the Himalaya provision potency involves to the Himalaya provision related stipulation as well as the international joint pledge to the Himalaya provision correlation stipulation.This part mainly for the purpose of the defined overseas shipping developed country as well as the international joint pledge to the Himalaya provision and the potency shift in attitude of developing process.The fourth part through the case analysises which appears to our country judicature practice in,saw in our country judicature practice to the Himalaya provision potency recognized which has the difference and the dispute.Whether in the paper managed the human such main body regarding the similar harbor to receive the Himalaya provision of the protection to carry on the analysis and the explanation,summarizes may receive the Himalaya provision protection the main body scope as well as this provision awards the condition which the benefit or the lost.In the last part of this paper,"the marine transportation honors an agreement the human" according to the newest "the United Nations Entire journey or Part Marine International Goods Traffic Contract Joint Pledge" this concept appearance,unifies our country's national condition to put forward the legislation proposal.The goal of researching this paper lies in,through proposing the legislation suggestion,it can solves our country Maritime law to the Himalaya provision stipulation too simple question,then the unified judicial practice,is clear about the similar harbor to manage this kind of main body about their legal status and their legal liability,and then promote shipping industry development.This paper innovation mainly in the fourth part and the fifth part.The fourth part of summary summarizes may receive the Himalaya provision protection the main body scope, as well as this provision awards the benefit to lose the condition.The fifth part acts according to the newest international joint pledge to put forward the legislation proposal.