海商法的历史沿革及发展趋势（Historical evolution and development trend of Maritime Law）

1、海商法的历史沿革及发展趋势（Historical evolution and development trend of Maritime Law）Historical evolution and development trend of Maritime LawFirst, the historical evolution of Maritime LawMaritime law is an ancient legal department. It originated in ancient Europe, and gradually evolved into a modern system w

2、ith the occurrence and development of maritime trade. Generally speaking, the historical evolution of maritime law has gone through the following four stages:A. Ancient maritime law germinationMaritime law has a very long history. The earliest ships carrying cargo transport and collision rules rules

3、 of water shipping rules, the eighteenth Century B.C. code of Hammurabi. With the development of maritime trade in the Mediterranean region, Rhode Island is the regional trade center, and formed some adjustment in maritime trade and maritime insurance generalaverage customary rules, namely Haifa rho

4、des. The immediate evidence for the existence of Rhodes Haifa comes from a number of historical documents. Rome lawyer Paolus in his book Paul Ross speech set (sentenceofpaulus) second focused on the list of rules: such as Haifa and to lighten the ship, and a cargo, but due to the common interests o

5、f the security of the share of the loss. The rule of 2 evolved into todays general average rule. Lot Haifa has a great deal of authority in the Mediterranean region. It has not only adjusted the maritime trade of the area for a long time, but also laid the foundation for all maritime legislation in

6、the future. It is called the rudiment of maritime law.Two. Medieval maritime lawAfter the Western Europe entered the feudal society, the shipping industry in the Mediterranean area was still very developed, especially in the mediterranean. The Atlantic and Beihai coastal port city had various mariti

7、me customary law produced during this period, and have a private anthologizing, during the formation of private maritime conventions unique compilation. Among them, the greatest influence on the maritime law of the later generations was the three largest Haifa in the middle ages:(a) Haifa Oleron (LE

8、XOLERON) Haifa Oleron is the customary law of France the Atlantic coast merchant maritime court case and the applicable collection, the main contents of the ship. Skipper. Crew。 Salvage at sea and the power of the master to sell the goods. The widespread influence in the area of the Atlantic, it is

9、the European maritime law development has laid a foundation.(two) LEXCONSOLATO, Haifa, is the original magistrate. Therefore, the law is also called maritime judge. It collects the maritime precedents prevailing in the Mediterranean coast in Fourteenth Century. Customs and theories, rich in content

10、and complete in system, were called the most complete maritime law at that time and had far-reaching influence on the shipping industry in europe.(three) Weiss is better than Haifa (lawsofwisby). Weiss was named after the city of Gotland in Haifa, Sweden in fifteenth Century. It mainly inherited Hai

11、fa oleron. Amsterdam law. The Baltic Hansa town who g tradition prevailed in the Baltic Sea and the South Bank of Beihai, germany. Maritime Law in Sweden and other Baltic countries is greatly affected.These three big Haifa are regarded as the three cornerstones of the maritime law in the middle ages

12、, but there are also obvious limitations. For example, the three big Haifa region is strong and mostly private, and its effectiveness is very limited.Three. Modern maritime lawIn modern times, European countries have established centralized feudal countries, and with the development of commodity eco

13、nomy, the separation of Commerce and navigation, and the formulation of the economic foundation of the national unified maritime law have been formed. The vitality of early capitalism also stimulated the rapid development of maritime trade, and the results of the industrial revolution exacerbated th

14、e independence of the shipping market. Thus, under such circumstances, European countries successively formulated maritime code or various maritime laws and regulations, and the maritime law entered the domestic period. During this period, Louis Xiv, France, promulgated the maritime code (ordonanced

15、elamarine) in 1681. It was the first comprehensive maritime code in Europe, covering the crew. A ship。 Transportation contract. Maritime justice. National management of coastal and estuarine fisheries, etc.In 1807, Napoleon incorporated the private law of the maritime regulations into the second par

16、t of the French commercial code, which made maritime law more systematic. Scientification. Since then, the German and Japanese Commercial Code copied the legislative style of the French commercial code, the maritime law as a special series designed or included in the maritime code.Although the count

17、ries of common law system have not promulgated the Special Maritime Code, they have also formulated a series of single line maritime laws and regulations. Such as the British merchant shipping act of 1894, the marine insurance act of 1906, and the bill of lading act 1855. The United States also enac

18、ted the Hart act of 1893, the bill of lading act 1936, the law of the carriage of goods by sea, the maritime salvage act of 1912, the shipping act of 1984, and so on, in 1916. These maritime laws have far-reaching consequences for future generations, and some provisions have even been adopted for la

19、ter international conventions (such as the Hague rules).Because of the different political, economic and legal traditions of different countries, the maritime law naturally has its differences. This seriously restricts the development of the international shipping industry. Therefore, the demand to

20、unify the maritime law of various countries is becoming louder and louder.Four. The unification period of modern maritime lawThe conflict of maritime law in many countries has brought great inconvenience to international shipping, from the beginning of the end of nineteenth Century, the internationa

21、l community began to promote the unification of international maritime law, international organizations have made great contribution in the unification movement in this field of maritime legislation.In 1897, the International Maritime Commission (CMI) was established in Antwerp, Belgium, according t

22、o founder Louis. The purpose of the committee is to promote a natural link between countries, said Sir sirlouisfranck. These laws should be reasonable, thorough and fair, and the actual content is feasible. At the beginning of twentieth Century, the International Maritime Committee has completed the

23、 International Convention on maritime issues, including collision Convention (1910) the Convention (1910) Hague rules (1924) and so on. In addition, the International Maritime Organization (formerly known as the inter Governmental Maritime Consultative Organization ) and China World Trade Center Joi

24、nt Conference (UNCTAD) also played a huge role in the unification of maritime law, they make many conventions have been recognized and accepted by many countries. In addition, in the formulation and revision of the maritime law, all countries also try their best to conform to the Convention and mari

25、time customs, and further promote the convergence of maritime law. For example, Chinas maritime code refers to many international conventions and international conventions that our country has participated in or recognized.Second, the development trend of Maritime LawAs the adjustment of the relatio

26、nship between maritime law, maritime law is with the development of maritime trade developed, from the beginning of its birth determines its international trade especially will be inextricably linked to maritime trade. Throughout the history of maritime law development and the period of maritime tra

27、de practice, maritime law show the features, constantly develop new regulations to eliminate regulations, from the early maritime convention to the subsequent international maritime legislation, and then to modern gradually rich and varied forms, have witnessed this point. Under the background of to

28、days economic integration process, through the investigation of the international and domestic maritime legislation, we can sum up the following trends in the development of commercial law in the sea:A. The conflict of maritime law has narrowed and become more international and unifiedSp; the sea is

29、 a natural link between countries, the vast majority of the worlds international trade is transported by sea, the consistency of legal requirements of international shipping, the healthy development of international maritime legislation conflicts not only hinder the shipping industry, but also incre

30、ase the participation of the main operating costs. In fact, due to the international nature of maritime activities, it has long been known that it is necessary and urgent to formulate uniform maritime laws and regulations to adjust the necessity and urgency of various maritime relations. In order to

31、 coordinate the differences of maritime law, the International Maritime Commission (CMI) was established in 1897. It is devoted to the formulation of international conventions on maritime issues and has made great achievements.A series of international maritime conventions have also been accepted or

32、 adopted by many countries. Even countries that have not been accepted or recognized have drawn on international conventions and international practices in their maritime legislation.The unification of maritime law is vast, but far from stopping. Under the impetus of the liberalization of trade in t

33、he world today, the unification of international trade laws has become an irreversible historical trend, and any practice of resisting it is unwise. As the legal basis for the operation of modern international trade, the maritime law will not be divorced from this unified movement. It will seek more

34、 extensive unification to promote the facilitation of trade and the development of the marine industry. The most recent example is that the CMI issued the uniform international law on the carriage of goods (Draft), which will undoubtedly greatly promote the unification of this field and play a guidi

35、ng role in the legislation of various countries.Two. Carrier responsibility gradually increasedThe carriers liability system is a very important system in maritime law. In 1924 the Hague rules provisions of the minimum liability of the carrier, the unification of certain rules of law relating to bil

36、ls of lading, to a certain extent, the stability of the international shipping order, but it is more conducive to the ship, which was criticized for developing countries. With the change of international political and economic situation, the improvement of marine and shipbuilding technology, some co

37、ntents of the Hague rules do not meet the needs of reality. The most prominent is the provisions of the carrier responsibility system. Because the vast numbers of the less developed countries and the merchant have the responsibility of increasing the liability of the carrier, there is the emergence

38、of the Weiss rule and the Hamburg rules.The trend of heavier carrier responsibility reflects the pursuit and attention of maritime law to fair and reasonable value concept, and pays more attention to the balance of interests of all parties. Along with the navigation and shipbuilding technology, impr

39、ove the management level, favoritism in the interest of the carrier, while ignoring the owner and other related parties interests more and more governments and the public be inopportune or inappropriate, hope to increase the responsibility of the shipping industry. The amendment to the law on the ca

40、rriage of goods by sea, such as Australias 1997, reflects the tendency to aggravate the liability of the carrier. The COGSA draft law on carriage of goods by sea in 1999 also clearly indicated the attitude of increasing the liability of the carrier. In the draft law, the exemption clause of the carr

41、iers voyage fault was first removed. As the draft takes full account of the interests of all parties, its passage is only a matter of time. In addition, OECD has transmitted information on strengthening shipowners responsibilities. At a meeting in OECD, there is a repeal of navigation fault exemptio

42、n proposals have been put forward to American Industry Transport Union (NIF) strongly support, believes that the provision has become the owner in the navigation or management of the ship is at fault in the case of evading responsibility tools. NIF is responsible for foreign liaison P. Vice Presiden

43、t Garfield thinks rationality on the basis of the provisions are only more than a century ago by natural marine force control, the lack of modern equipment conditions we have today on the ship, and in the modernization of today, the shipping industry is necessary with other industries take the same

44、responsibility. (1)Three. Attach importance to the protection of the marine environmentWith the rapid development of maritime transport and other operations at sea, ship pollution damage to the marine environment is becoming increasingly serious, caused by the loss of ship oil spill accidents is ala

45、rming, but also to the ecological environment and sustainable development has brought a serious threat. After the torrycanyon oil pollution incident in 1967, marine pollution prevention has aroused widespread concern. The International Maritime Organization (IMO) in 1969 formulated the International

46、 Convention and the intervention on the high seas oil spill International Convention on civil liability for oil pollution damage (CIC Convention), then developed a large international convention on the prevention of marine pollution, such as the 1971 the establishment of an international fund for compensation for oil pollution Convention (IOPC fund Convention). The CIC Convention and the IOPC fund convention improved the limit of compensation in the protocols of 1