Study On Legal Issues Of Sanction Clause In Maritime Insurance Contract

In recent years,as the international community has implemented more and more extensive and flexible sanctions against specific target countries,it has seriously hindered the liberalization of global economic and trade policies,and the development of shipping industry,which is closely related to global economic and trade activities,can not avoid being affected.Marine insurers who provide insurance or reinsurance services to commercial subjects subject to sanctions will also be punished accordingly,which is bound to have an impact on Marine insurance contracts.How to deal with the risk of sanctions is a problem that the parties of Marine insurance contracts must face.In this thesis,the integrated use of professional literature analysis,comparison,empirical analysis and case comprehensive analysis combined with the method of academic,research and analysis of domestic and international sanctions clause in a contract of Marine insurance clauses of qualitative,through empirical comparison several classic case of a certain controversial at home and abroad,analysis of actual apply sanctions clause in a contract of Marine insurance and substantial effect,it is suggested that the parties to the Marine insurance contract in China establish and improve the relevant risk prevention and response mechanism as soon as possible,do a good job in the performance of the contract due investigation,strengthen the understanding and interpretation of the qualitative sanction clauses,and then formulate the updated contract wording to avoid the legal risk caused by the sanction clauses.This thesis mainly includes three parts.The first part of this paper mainly focuses on Marine insurance contracts and sanctions clauses,introducing the concept of Marine insurance contracts,the origin and development of international sanctions,as well as the basic content of sanctions clauses and the development and evolution of sanctions clauses with the development and evolution of international political situation.It can be seen that International Maritime Organization and insurance institutions are constantly responding to the increasingly complex international sanctions environment by updating the wording and language of sanctions provisions.The second part of this paper focuses on the controversial cases of sanctions clauses,analyzes the qualitative nature of sanctions clauses,selects several classic cases with certain controversies in China,and interprets the different legal application and substantive impact of sanctions clauses in the case of defense of force majeure clauses and defense of exemption clauses.The third part of this thesis focuses on the response to the sanctions in the Marine insurance contract.By analyzing the negative impact of the sanctions on the insurer and the insured in the contract,it puts forward specific measures for the parties to deal with the sanctions.Then combining with the blocking measures issued by China last year,it further analyzes the legal application of the sanctions clause in China,and finally puts forward some suggestions on improving the relevant system to protect the interests of shipping related subjects in China.