Study On The Solution Of Conflict Of Laws In Ship Collision

Ship collision is a kind of special tort happened in the ocean. There are many different provisions about ship collision in international conventions, international customs and domestic laws in different countries. So the conflict of laws are frequent in dealing with ship collisions. Countries all over the world and the international community concentrate on the solution to the conflict of laws about foreign-related ship collision. Conflict rules and harmonization of substantive law are two ways to solve the conflict of laws. Along with maritime tort diversification, the traditional conflict rules become hard in dealing with the complex ship collision dispute, the new rules are reflected in the domestic law of some countries and judicial practice. In the uniform substantive law, international conventions in solving ship collision conflict of laws tend to appear in the unified trend. In China, the Law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China was put into force, there are many effect on the ship collision rules exerting by the provisions and principles in that law. On the basis of international conventions and the legal provisions in many countries, including China, this dissertation discusses two ways about how to solve the ship collision law conflict, and proposes some proper solutions to improve Chinese ship collision law.The dissertation is divided into four parts:The first part comprehensively summarizes the ship collision conflict of laws, and compares the old and new definition of ship collision and analyzes the nature of collision of ships, and briefly discusses reasons of ship collision conflict of laws.The second part introduces two ways of solving ship collision conflict of laws conflict of laws resolution and uniform substantive rules resolution, on the basis of international conventions and domestic laws in different countries, and analyzes shortcomings of traditional conflict rules to solve the conflict of laws of ship collision. The third part introduces the principle of most closely associated with the new standard of tort law and the principle of the autonomy of the parties and discusses the practicability of the theory and practice of legislation the ship collision domain.The fourth part introduces Chinese relevant law on ship collision, proposes some suggestions about how to improve the relevant law, combining with the development of Chinese private international law.