On July 5, the CMLA COLLOQUIUM ON MARITIME LAW 2023 CUM ACADEMIC FORUM ON THE 30TH ANNIVERSARY OF THE MARITIME CODE, organized by the China Maritime Law Association (CMLA), was successfully held at Sun Yat-sen University in Guangzhou. The theme of the forum was “Looking Back to Thirty Years and Looking Forward to the Future - Commemorating the 30th Anniversary of the Implementation of the Maritime Code of PRC”. Representatives from the Supreme People’s Court, the Ministry of Transport and other relevant departments, as well as academics, enterprises and lawyers attended the forum.
The Forum have five topics, namely, “Review of the 30 Years of Implementation of the Maritime Code and Prospects for the Future”, “Study on Amendments to the Maritime Code and the Special Maritime Procedure Law and Relevant Hot Issues”, “Issues Relating to Oil Pollution and Marine Environmental Protection”, “Study on Issues Relating to Carriage of Goods”, and “Study on Issues Relating to Insurance”.
Participants delivered speeches on each of the five topics. Among them, Hu Fang, Vice President of the Fourth Civil Trial Division of the Supreme People’s Court, briefly introduced the formulation and implementation of China's Maritime Code and the current situation of China's maritime judicial practice in her keynote speech. She pointed out that the formation of China's maritime legal system has enhanced China's judicial soft power and ensured that China's maritime trials have a legal basis, providing a solid guarantee for the construction of China's international maritime justice center.
Further, the topic “Issues Relating to Oil Pollution and Marine Environmental Protection” was moderated by Prof. Han Lixin of the Law School of Dalian Maritime University. Representatives from the Chinese Ship-source Oil Pollution Damage Claims Settlement Center, the Insurance Law Research Center of Dalian Maritime University, the China Shipowners Mutual Assurance Association, the KOGUAN School of Law of Shanghai Jiao Tong University, the School of International Law of East China University of Political Science and Law, and the Law School of Dalian Maritime University delivered speeches of “Study on the Construction of a Compensation Fund for Pollution Damage from Noxious and Hazardous Substances Carried by Ships in China”, “Conditions and Timing of China's Accession to the International Oil Pollution Funds Convention”, “Study on the Latest Practical Developments and Trends of China’s Mechanism for Compensation for Ship-source Oil Pollution Damage”, “Boundary of the Scope of Compensation for Marine Ecological Damage - Analysis of the Scope of Compensation in the light of Article 1235 of the Civil Code”, “Construction of a System of Limitations of Liability for Oil Pollution from Drilling Platforms” and “Study on the Liability of Non-oil Spillage Ship in Ship Collision Resulting in Oil Pollution Damage”.
Mr. Yang Wengui, Senior Partner of Haitong Partners, delivered a speech titled “Discussion on Revision of the Maritime Code in light of the Historical Limitations of the Drafting of the Maritime Code” for the topic of “Review of the 30 Years of Implementation of the Maritime Code and Prospects for the Future”. Mr. Yang firstly introduced the drafting process of the Maritime Code, then he talked about the historical limitations of the drafting of the Maritime Code, and finally, he discussed on the revision of the Maritime Code, he made comments in respect of the contract for the carriage of goods by sea, the Article 192 of current Maritime Code, and the relevant contents of Article 252 of the Maritime Code (Draft for Approval).
This academic forum summarized the successful experience and historical legacy of the thirty years of the effective implementation of the Maritime Code, which provided reference for the academic and practical communities to understand and apply the Maritime Code, and also discussed the current problems in the judicial and shipping practice, laying foundation for the academic and practical communities to explore new issues in the future.
