海商法的统一化——现状、问题与对策

Unification of Maritime Law-Status, Problem and Countermeasures

海商法是随着航海贸易的发展而产生和完善起来的。它的国际性决定了其发展呈现一个总的趋势和原则——海商法的统一化。以国际公约、国际惯例、示范规则等形式表现的国际统一海商法在具有全方位、多领域、内容前瞻性等特点的同时,也存在大统一、小分散、法律冲突仍旧突出等问题。采用“默示承诺程序”,充分发挥海事国际组织的规范协调作用、利用统一冲突法等对策可以弥补缺陷。

Maritime law is evolved and perfected step by step with seagoing commerce development. The international nature of maritime law determines that the growth of maritime law in itself has an overall trace and principle, that is the uniformity. On such occasion, the International uniform maritime law in forms of international conventions, international traditions and model rules has many advantages of overall directions and areas, as well as many disadvantages of legal conflict. Using such approaches as tacit acceptance procedure, and exerting the cooperation from the maritime organizations and impose the uniform conflict law that could deal with this problem. [