| This paper examines the ongoing of legal system of general average. Three steps are taken to make analysis and exploration. In the first place, discussions are made on the influence on general average made by development of diversified legal systems in the domain of maritime law. In recent years, legal system with regarding carriage of goods by sea has been improved including variation of carrier's liabilities, amendment to convention of salvage at sea, and renewal of York-Antwerp Rules. These variations and amendments have been playing a great role in legal system of general average and led to different views on whether general average should be out of history in theory. In the second place, further step is taken to demonstrate the significance and value of existence of general average by connecting with value of law and economics of law and comparison of the preferential consideration of fairness, efficacy and cost in order to make it clear that it is necessary to develop general average as part of legal instrument in relation to carriage of goods by sea instead of terminating it. Finally, this paper presents a series of solutions to some problems in legal system of general average covering simplification of the way of calculation for general average contribution, balance of the relationship between shipowners and cargo interests, and suggestions for amendments to international rules or regulations. The legal system of general average is on the way of being developed and in such a situation the law and regulations in China need to be improved accordingly in order to regulate domestic shipping market and protect different parties' interests. |
PDF Full Text Request