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国际海事私法条约是国际海事私法统一的最重要的途径。海事国际组织制定的海事条约获得批准后,虽然在批准国获得了法律效力,但条约的法律适用却由各国法院的法官根据自己的理解背景和能力,以及本国的利益来理解统一的文本。由此带来的问题是:统一的条约文本却由不同背景的法官来解释,必然导致海事私法统一的目的由于解释的差别而受到损害。因此,保障各国法官“统一”解释海事条约具有重要意义。
The international maritime private law treaty is the most important way for the unification of private international maritime law. The ratification of maritime treaties by maritime international organizations, despite its legal validity in the ratifying State, is understood by the law of treaties by the judges of national courts, based on their own background and ability to understand and their national interests, to understand the uniform text. The resulting problem is that a unified treaty text is interpreted by judges of different backgrounds, which inevitably leads to the compromise of the purpose of the unification of maritime private law. Therefore, it is of great significance to ensure that judges in different countries “unite” to interpret maritime treaties.