Tianjin Maritime Court (天津海事法院) is a maritime court with jurisdiction of all matters of national and international Maritime law. The Court was the first of the ten specialized maritime courts set up in China in 1986, and it has jurisdiction over all port, coasts islands and sea of Tianjin Municipality and Hebei Province in an area delimited by a line between the junction of Hebei Province and Liaoning Province and a line from the junction between Hebei Province and Shandong Province.The Tianjin Maritime Court is a middle-level court, and it falls under the appellate jurisdiction of Tianjin Higher People's Court
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.
The court deals specifically with all forms of contracts, torts, offenses and crimes under maritime law, including hearing cases of maritime trade contracts, bills of lading, common average, marine insurance disputes, maritime arbitration award recognition and enforcement (which the court refers to a subordinate court set up in Qinhuangdao.), maritime transport, salvage, marine insurance, marine environmental damage, marine exploration and development, port operations, port warehousing, shipping and freight forwarders and other types of cases.
Marine insurance covers the loss or damage of ships, cargo, terminals, and any transport by which the property is transferred, acquired, or held between the points of origin and the final destination. Cargo insurance is the sub-branch of marine insurance, though Marine insurance also includes Onshore and Offshore exposed property,, Hull, Marine Casualty, and Marine Liability. When goods are transported by mail or courier, shipping insurance is used instead.
The court has a good reputation as equitable and efficient, and it is a favorite venue for pollution cases due to its perceived friendliness to suitors, independence and its willingness to apply innovative interpretations of the appropriate statutes, but it still suffers from the common problems of lack of follow-through and enforcement powers, and vulnerability to corruption.
Extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations.
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offenses.
Interpleader is civil procedure that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred. It is often used to resolve disputes arising under insurance contracts.
Law of the Sea is a body of international law governing the rights and duties of states in maritime environments. It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction.
A waiver is the voluntary relinquishment or surrender of some known right or privilege.
Forum non conveniens (FNC) is a mostly common law legal doctrine whereby a court "acknowledges that another forum or court is more appropriate and sends the case to such a forum. A change of venue, where another venue is more appropriate to adjudicate a matter, such as the jurisdiction within which an accident occurred and where all the witnesses reside."
Langfang, is a prefecture-level city of Hebei Province, which was known as Tianjin Prefecture until 1973. It was renamed Langfang Prefecture after Tianjin became a municipality and finally upgraded into a prefecture-level city in 1988. Langfang is located approximately midway between Beijing and Tianjin. At the 2010 census, the population of Langfang was 4,358,839, of whom 868,066 lived in the built-up area made of Guangyang and Anci districts; its total area is around 6,417.28 km2 (2,477.73 sq mi). Langfang borders Baoding to the southwest, Cangzhou to the south, Beijing to the north and Tianjin to the east. Sanhe City and Dachang Hui County are now conurbated with Beijing, so that they form part of the same built-up area. Langfang is the smallest prefecture-level city of Hebei Province by land area.
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract.
The Maritime Safety Administration of the People's Republic of China is a government agency which administers all matters related to maritime and shipping safety, including the supervision of maritime traffic safety and security, prevention of pollution from ships, inspection of ships and offshore facilities, navigational safety measures, administrative management of port operations, and law enforcement on matters of maritime safety law. It was also responsible for marine accident investigation. It is headquartered in Dongcheng District, Beijing.
In law, the enforcement of foreign judgments is the recognition and enforcement in one jurisdiction of judgments rendered in another ("foreign") jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral treaties or understandings, or unilaterally without an express international agreement.
The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed, and is deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one jurisdiction, but may change the register in which it is registered. The flag state has the authority and responsibility to enforce regulations over vessels registered under its flag, including those relating to inspection, certification, and issuance of safety and pollution prevention documents. As a ship operates under the laws of its flag state, these laws are applicable if the ship is involved in an admiralty case.
In admiralty law, a maritime lien is a privileged claim upon sea-connected property, such as a ship, for services rendered to, or the injuries caused by that property. In common law, a lien is the right of the creditor to retain the properties of his debtor until the debt is paid.
Insurance law is the practice of law surrounding insurance, including insurance policies and claims. It can be broadly broken into three categories - regulation of the business of insurance; regulation of the content of insurance policies, especially with regard to consumer policies; and regulation of claim handling.
The Port of Tianjin, formerly known as the Port of Tanggu, is the largest port in Northern China and the main maritime gateway to Beijing. The name "Tianjin Xingang", which strictly speaking refers only to the main seaport area, is sometimes used to refer to the whole port. The port is on the western shore of the Bohai Bay, centred on the estuary of the Haihe River, 170 km southeast of Beijing and 60 km east of Tianjin city. It is the largest man-made port in mainland China, and one of the largest in the world. It covers 121 square kilometers of land surface, with over 31.9 km of quay shoreline and 151 production berths at the end of 2010.
A contract is a legally binding agreement which recognises and governs the rights and duties of the parties to the agreement. A contract is legally enforceable because it meets the requirements and approval of the law. An agreement typically involves the exchange of goods, services, money, or promises of any of those. In the event of breach of contract, the law awards the injured party access to legal remedies such as damages and cancellation.
Allgeyer v. Louisiana, 165 U.S. 578 (1897), was a landmark United States Supreme Court case in which a unanimous court struck down a Louisiana statute for violating an individual's liberty of contract. It was the first case in which the Supreme Court interpreted the word liberty in the Due Process Clause of the Fourteenth Amendment to mean economic liberty. The decision marked the beginning of the Lochner era, during which the Supreme Court struck many state regulations for infringing on an individual's right to contract. The Lochner era lasted forty years, until West Coast Hotel Co. v. Parrish was decided in 1937.
Southern Pacific Company v. Jensen, 244 U.S. 205 (1917), was a United States Supreme Court case concerning the geographical extent of state workers' compensation laws. The Court held that the New York Workmen's Compensation Act, as applied to laborers in the New York Harbor, intruded on federal admiralty jurisdiction, and that civil suits arising within this jurisdiction were subject to the common law of the sea. The compensation statute passed by the state interfered with federal power and was therefore unconstitutional.
Canadian maritime law is based on the field of "Navigation and Shipping" vested in the Parliament of Canada by virtue of s. 91(10) of the Constitution Act, 1867.
The Port of Tianjin falls under the supervisory and regulatory purview of the Tianjin Municipality People’s Government. The 2004 incorporation of the Tianjin Port Authority into TPG formally divested the group of its role as Port Regulator, which passed to the Tianjin Transportation and Port Authority (天津市交通运输和港口管理局), formerly the Tianjin Transport Commission. The TTPA implements state policy on port work; drafts local policies, by-laws and regulations; and licenses, audits, and issues certifications to businesses operating in the port, in particular to ship terminals. The TTPA supervises and manages compliance to all laws and regulations regarding environmental protection, service compliance, pilotage, maintenance of port infrastructure and handling of dangerous goods and disinfection in all terminals and storage areas.