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海商法是随着航海贸易的发展而产生和完善起来的。它的国际性决定了其发展呈现一个总的趋势和原则——海商法的统一化。以国际公约、国际惯例、示范规则等形式表现的国际统一海商法在具有全方位、多领域、内容前瞻性等特点的同时,也存在大统一、小分散、法律冲突仍旧突出等问题。采用“默示承诺程序”,充分发挥海事国际组织的规范协调作用、利用统一冲突法等对策可以弥补缺陷。
Maritime law is generated and improved with the development of maritime trade. Its international character determines that its development presents a general trend and principle - the unification of maritime law. The international harmonized maritime law, which is manifested in the form of international conventions, international conventions and model rules, is characterized by its omnibearing, multi-field and forward-looking content. At the same time, there are also issues such as great unity, small decentralization and prominent legal conflicts. Adopting the “procedure of implied commitment”, giving full play to the normative and coordinating role of maritime international organizations and utilizing such measures as the uniform law of conflict to make up for the deficiencies.