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“冲突法”是一个在海商法和非海商法领域都颇让人费解的难题。同时,冲突法上的诸多原则在国际上具有非常普遍的适用性。首先列举了英国冲突法的一些传统规则在海商法上的适用,并介绍了一些侵权和合同法下冲突法的现代学理和实践新理论。随后,通过海商法判例阐述普通法下的新理论“最密切和最真实联系原则”和“不方便法院原则”并与大陆法下的“平行诉讼理论”进行比较。最后,对国际冲突法在现代法律和经济环境下的未来进行了展望。
“Conflict Law ” is a puzzling problem both in maritime law and non-maritime law. At the same time, many principles in the law of conflict have a very universal applicability internationally. First of all, some traditional rules of the UK conflict law are listed in the application of maritime law. Some new theories of law and practice in conflict law under tort and contract law are also introduced. Subsequently, the new theories of common law, “the principle of the most intimate and true relationship” and the “principle of forum of inconvenience” were elaborated through the jurisprudence of maritime law and compared with the “theory of parallel litigation” under the civil law. Finally, the future of the law of international conflicts in the modern legal and economic environment is prospected.