On July 22, 2019, the 16th Sino-Japan Maritime Law Exchange was held at the Lakeside Bookstore of Dalian Maritime University, with more than 40 scholars, lawyers, practitioners from China and Japan participating in the seminar.
The seminar focused on three topics, "General Provisions on Land, Sea and Air Transport Contracts after the Amendment of Japanese Commercial Law", "Private International Maritime Law of Japan" and "Relevant Law and Practice of Salvage in Japan".
Professor Takashi Hakoi, Dean of the Faculty of Law and the School of Law of the Waseda University (Japan), spoke on the first topic. Professor Hakoi introduced the definitions related to the carriage of goods, the principles of carrier's liability and the scope of damages, special provisions regarding expensive goods, the party entitled to claim for damages, the tort liability of the carrier and its employees, and other general provisions including the liability of the multimodal carriers in Part II of the Commercial Law of Japan, which were revised in 2018 and came into effect on April 1, 2019. Associate Professor Jiang Yuechuan, the deputy dean of the DMU Law School, presided over the discussion session. Professor Han Lixin questioned on the consignee's obligation to pay freight under Article 581, paragraph 3, of the Commercial Code; Professor Chu Beiping paid attention to the type of time bar stipulated in Article 585 of the Commercial Law (the one bars the claim itself or the one bars the remedy only with the claim still in existence). Prof. Zhu Zuoxian questioned on the scope of claims that each type of time bar shall apply under Japanese law. He also questioned on the issue whether the network liability rule under Japanese law governing the liability of the multimodal carriers will allow the foreign law be applicable law. Professor Hakoi gave detailed answers to the questions raised by the participants.
Mr. Masahiro Amemiya, from Amemiya Law Office of Japan, who is also the visiting professor of Waseda University and Law School of Dalian Maritime University, made a speech on the second topic. Professor Amemiya introduced the applicable law theory, doctrines and main precedents covering four issues under Japanese law, namely, the bill of lading clauses, maritime liens, collision liability and limitation of shipowner's liability. Professor Han Lixin presided over the discussion session on this topic, and introduced the relevant theories of China's private international maritime law, pointing out the differences between China and Japan in the theory and practice of private international law on the four issues mentioned above. Professor Zhu Zuoxian and associate professor Jiang Yuechuan invited a discussion on the validity of jurisdiction clause in bill of lading and the confirmation of applicable law of mortgage after the change of flag in China's maritime judicial practice. Mr. Li Gang from WINTELL & CO. expressed his opinions on the identification of foreign law.
Mr. Takashi Hongo from OKABE & YAMAGUCHI, made a speech on the third topic. He introduced the definition of salvage at sea in light of the revised Commercial Law of Japan, analyzed the legal nature of salvage in light of the causes of obligatory rights under Japanese law, and introduced the similarities and differences of salvages on contractual basis and non-contractual basis respectively. Mr. Hongo pointed out that the act of salvage at sea can not be accommodated by the civil law which regulates the relationship between private persons because of the public welfare nature of salvage. However, due to the private benefits nature of salvage, the salvor's remuneration should not be interpreted as public welfare funds. Instead, it should be borne by the salved party. Professor Zhu Zuoxian presided over the discussion session on the third topic. He believed that with the development of science and technology, the commercial (private benefits) nature of salvage have gradually surpassed its public welfare nature, which has been manifested in the facts that the number of fixed-rate remuneration salvage contracts in practice is increasing, and the proportion of LOF contracts is decreasing. The question is whether the fixed-rate salvage contract is still a salvage by nature. Should the provisions of CMC Chapter 9 apply to fixed-rate salvage contracts? If the parties sign a contract of WRECKHIRE, is this a salvage? Dr. Zhang Hongkai, senior partner of Liaoning Goodwell Law Firm, provided his opinion on the composition of the element of "danger" in the light of the case where a towed object was lost in the process of towing by the tugowner. According to Mr. Hongo, the element of danger (maritime distress) of salvage should be met if the risk at sea cannot be overcome independently, and the identification of the nature of the legal relationship is not substantively related to the name of the contract signed.
"Sino-Japan Maritime Law Exchange" was initiated by the Law School of Dalian Maritime University and the Institute of Maritime Law of Waseda University in 2008, and held 1-2 meetings a year, which were hosted regularly in China and Japan respectively. Professor Chu Beiping, Dean of Law School of DMU, delivered a speech at the welcoming ceremony of the seminar, and Professor Takashi Hakoi, Dean of Faculty of Law of Waseda University, made a concluding speech at the end of the seminar. Dr. Zhang Xiujuan, associate professor of Kagoshima University, Mr. Piao Xin, from Giant Law Group, and Mr. Li Gang from WINTELL & CO., provided high standard translation for the seminar. Mr. Teruyuki Sago from OKABE & YAMAGUCHI, who is also the visiting professor of Waseda University and Dalian Maritime University, and teachers and students of Law School of Dalian Maritime University also attended the seminar.
