中美海事法近来的发展.doc

THE DIFFERENT APPROACHES TO RECENT DEVELOPMENTS IN CHINESE AND US SHIP ARREST LAWS[1] Jimmy Ng and Sik Kwan Tai (Hong Kong Polytechnic University)[2] Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or otherwise, except for reasonable quoting, clearly indicating the source. Readers are permitted to make copies, electronically or printed, for personal and classroom use. Contents I Introduction II Historical development of courts, jurisdiction, and approaches II.A Maritime courts II.A.1 The establishment of the US maritime courts II.A.2 The establishment of the Chinese maritime courts II.B Maritime jurisdiction II.B.1 Jurisdiction of the US Congress in maritime industry II.B.2 Jurisdiction of the US federal courts in maritime cases II.B.3 Jurisdiction of the Chinese maritime courts II.C Chinese and US approaches to maritime court jurisdiction III Maritime arrest III.A Nature and definition III.B Approach to solving the conflicts of law in maritime arrest: The law of the flag III.B.1 Article 3 of the Maritime Procedural Law III.B.2 Article 276 of China’s Maritime Code IV International developments IV.A Maritime claims IV.B Maritime lien IV.C The ranking of maritime lien and mortgage IV.C.1 China’s approach to ranking IV.C.2 The US approach to ranking IV.C.3 Evaluation V Procedure V.A In personam action V.B In rem action VI Approaches to new issues VI.A Container lessors’ right of ship arrest VI.B Freights in bank account as the subject of maritime arrest VII Legislative reviews of the 2003 New Practice Direction VII.A Arrest of property by the maritime courts VII.B Arbitration agreement VII.C Compensated losses for wrongful arrest VII.D Auction of the arrested vessel VIII Conclusion Notes I Introduction In the last decade or two, the range of inquiry and the kinds of