해사관련 국제재판관할 입법

Abstract

Maritime claims deal with the claims pertaining to the vessels which move around the world. There are special systems in the maritime law such as limitation of the shipowner's liability, maritime lien and in rem action. Laws of each state is not same and it is not unusual that the forum shopping is sought to find more favourable jurisdiction. Therefore, the maritime dispute tends to be dynamic one rather than static one involving multi-jurisdiction between and among multi-parties. Given the foregoing, provisions on international jurisdiction in maritime matters to deal with this situation are necessary. Against this background, this article deals with the characteristics of the international jurisdiction in maritime matters, reviews the jurisdiction provisions in the international conventions and the legislations of foreign countries and considers the proposed provisions of the international jurisdictions in maritime matters to be included in the amendment to the Private International Law. In sum, the writer is of the view that the international jurisdiction provisions as to the carriage of goods by sea and the limitation of the shipowner's liability should be considered. Further, the provision of whether arrest of a vessel will create a jurisdiction, the provisions as to the forum non conveniens, concurrent jurisdiction, anti-suit injunction, requirements for recognition and enforcement of foreign judgments should also be considered.