Description
Book SynopsisA comprehensive treatment of Chinese maritime law and judicial practice, this book covers both substantive law and procedure law of maritime law in mainland China. This is a professional book for both academics and practitioners in the field of maritime law.
Including analysis of and comment on judicial practice from the Supreme People's Court, Higher People's Courts and ten maritime courts, as well as a whitepaper of Chinese maritime adjudication for 30 years (1984-2014), this brings to an English-speaking audience for the first time some of the most technical aspects of maritime law. It is therefore an invaluable resource for all those interested in maritime law in China.
Trade Review"This is an especially useful book on an increasingly important subject-the application, interpretation and outworking of maritime law in the People's Republic of China (PRC)...The authors must be congratulated on their hard work in pooling together so many PRC cases and weaving them so expertly into the body of legal rules."
The Journal of International Maritime Law
"[Maritime Law and Practice in China] is comprehensive, well-informed and well-arranged, and will be an important source of information for foreign practitioners in the increasing numbers of maritime cases before the Chinese courts and arbitration tribunals."
Ian Gaunt, President of the LMAA
Table of ContentsPART I: Substantive Maritime Law
Chapter 1: Introduction to Chinese Maritime Law
Chapter 2: Ships
Chapter 3: Master and Seamen
Chapter 4: Charterparties
Chapter 5: Bill of Lading- Functions
Chapter 6: Bill of Lading- Parties
Chapter 7: Bill of Lading- Obligations, Liabilities, and Limitations
Chapter 8: Freight Forwarding and Muiltimodal Transport
Chapter 9: Carriage of Passengers by Sea
Chapter 10: Towage Contracts
Chapter 11: Collision of Ships
Chapter 12: Salvage at Sea
Chapter 13: General Average
Chapter 14: Limitation of Liability of Maritime Claims
Chapter 15: Marine Insurance
Chapter 16: Marine Pollution
Chapter 17: Applicable Law and Time Limits
PART II: Maritime Procedure Law
Chapter 18: Introduction to Chinese Maritime Procedure Law and the Chinese Court System
Chapter 19: Maritime Jurisdictions
Chapter 20: Preservation of Maritime Claims
Chapter 21: Maritime Injunction
Chapter 22: Preservation of Maritime Evidence
Chapter 23: Maritime Security
Chapter 24: Procedures for Trail, Constitution of Limitation Fund for Maritime Claim, Recognition and Payment of Debts, Exigence of Maritime Lien
Chapter 25: Conflict of laws
Chapter 26: Maritime Arbitration, Conciliation and Recognition and Enforcement of Foreign Arbitration Awards and Foreign Judgments
Annex I Maritime Code of the People’s Republic of China
Annex II Special Maritime Procedure Law of the People’s Republic of China
