1st Edition

Maritime Law and Practice in China

By Liang Zhao, Li Lianjun Copyright 2017
    528 Pages
    by Informa Law from Routledge

    528 Pages 1 B/W Illustrations
    by Informa Law from Routledge

    528 Pages 1 B/W Illustrations
    by Informa Law from Routledge

    A 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.

    PART 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

    Biography

    Dr ZHAO Liang is an Assistant Professor at the City University of Hong Kong.



    Mr LI Lianjun is a solicitor of Hong Kong, England and Wales, and a Partner at Reed Smith Richards Butler.

    "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