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Internationalization and localization of the China Maritime Law Research
Author: FengYongHeng
Tutor: GongTingTai
School: Nanjing Normal University
Course: Legal Theory
Keywords: Chinese Maritime Law internationalization localization best balance
CLC: D922.294
Type: Master's thesis
Year: 2007
Downloads: 263
Quote: 1
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Abstract
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The contradiction between the legal internationalization and Localization is an important issue in modernization of the legal system. From the view of department’s modernization of the legal system, Maritime Law is increasingly reflected its strong international trend in the historical process of reunification. It is built on the basis of the full development of the marine civilization, and also to the recognition of some values in the Maritime Code such as freedom, justice, security, order value. Chinese Maritime Law, established in the light of international conventions and common law, gives us a fundamental change in China’s sea areas, but it also reflects irrational phenomena with the reality of our country. This paper, adopted historical analysis, value analysis, empirical analysis, comparative analysis and other methods, is to explore the mechanism of the deep international maritime law, the development of China’s maritime law in domestic demand, the nationality of CMC, the relationship of CMC and ocean policy, the localization challenges of international maritime law. When we changes that maritime law in the future, it is necessary to respect the rules of international affairs, to actively participate in international shipping legislation and legislate from the actual conditions of economic development, to effectively protect its maritime interests, make laws in the process of formulation of international maritime law conforms to China’s needs. We should make efforts to explore the optimal balance points between internationalization and localization of maritime law to achieve the organic integration of CMC transplant and localization.
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