Abstract: International maritime convention is a type of international convention that has the characteristics of international universality, repeated applicability, and being mainly based on arbitrary norms. International maritime practices play a role in determining the rights and obligations of the parties involved in maritime activities, interpreting or supplementing the gaps in maritime contracts, and resolving maritime legal conflicts. We should strengthen our research, understand and apply it correctly.

Keywords: International maritime conventions, characteristics, functions, and applications

To participate in international shipping business, one must understand international shipping practices, use international shipping practices to protect their legitimate rights and interests, and at the same time, domestic legislation should be in line with international practices. Therefore, it is necessary to strengthen theoretical research on international maritime practices.

The Concept and Characteristics of International Maritime Customs

International maritime conventions are a type of international practice. It is generally believed that international conventions are unwritten principles and rules gradually formed through repeated use in long-term international communication practices. Professor Wang Tieya distinguishes convention into two types: broad and narrow. The narrow convention specifically refers to habits with legal binding force, while the broad convention includes habits and conventions that have not yet been legally binding. The international conventions discussed in this article are understood in a narrow sense. For this reason, it has two basic conditions: first, it has become a common practice through repeated use in long-term practice; Secondly, it is widely recognized and accepted by various countries and parties involved, and has legal binding force.

International maritime conventions generally refer to the behavioral norms that have been gradually formed by the parties of most countries or regions in international maritime activities through long-term repeated use, with certain content, widely recognized and accepted by them, and with certain legal binding force. International maritime practices generally include maritime industry practices, commercial practices, and uniform practices. It is generally believed that international maritime conventions have the following characteristics:

1. International universality. If a general practice or custom is only applicable in certain countries or regions, it cannot be called an international practice, but can only be called a local customary practice. Of course, over time, if such customary practices gradually expand to other countries and regions, they may also transform into international practices. The latter is often developed from the former.

2. Repetitive applicability. International maritime conventions are not only applicable once or a few times in international maritime activities, but are repeatedly applied.

3. Dominate by arbitrary norms. International maritime conventions themselves are not laws, but they are recognized by the laws of various countries and have certain legal binding force. International maritime conventions are mostly arbitrary rules, and one party cannot force the other party to use them, nor can they automatically apply them. They are only binding on the parties when they agree to apply them.

4. It has relative stability. Due to the fact that maritime conventions are gradually formed through repeated practice in international maritime activities, once formed, they will be applicable for a long time. It is precisely its relative stability that makes it easy for relevant countries to grasp its content and be willing to apply it. However, from a historical perspective, maritime practices are not static and will continue to be improved. Unreasonable practices will be eliminated, and new and more reasonable maritime practices will also emerge.

5. There is a trend towards becoming a culture. International maritime conventions are an unwritten customary norm. In order to facilitate people's understanding, mastery, and use, some civil international organizations and academic groups have compiled some international maritime practices in the form of written articles, such as the famous York Antwerp Rules.

The role of international maritime conventions

1. Determine the rights and obligations of the parties involved in maritime activities. The maritime convention has generated a reasonable expectation of trust in people's hearts, making the parties aware of their rights and obligations, thereby prompting people to decide their actions based on the requirements of the convention. In this way, maritime conventions play a role in stabilizing the economic order of maritime transportation.

2. Explain or supplement any deficiencies in the sea freight contract. If there is no agreement or unclear agreement on certain matters in the contract between the parties, both parties may act in accordance with international maritime conventions. If a dispute arises, it can also be resolved in accordance with international maritime conventions. Judges and arbitrators also supplement or interpret contract terms in accordance with convention to resolve disputes between the parties.

3. Supplement loopholes in laws and international conventions. Supplementing legal loopholes with international practices is an effective method. When judges or arbitrators in international maritime dispute cases cannot find applicable domestic law, they will use international maritime practices as the basis for adjudicating disputes.

4. Resolve maritime legal conflicts. The differences in maritime laws of various countries have led to difficulties in resolving international maritime disputes. People deeply feel the need to reduce legal conflicts in international maritime relations through various means. The common international maritime practices are an effective way to resolve maritime law conflicts.

Principles to be followed when applying international maritime conventions

1. Not violating the principles of law and social public order. International maritime practices must not contradict mandatory provisions of the law of the country where the court or arbitration is located, as well as public order. The so-called "not violating public order" refers to the fact that as a general rule, a certain international practice must not conflict with the basic principles of national law or with the social public interest, good customs, or public policies of the country. Otherwise, an international practice cannot be recognized by the laws of that country, and therefore cannot be implemented in that country. Behaviors that violate the provisions of "social public order reservation", including the application of certain laws and customs, recognition and enforcement of a court judgment or arbitration award, are not allowed by law.

2. Not violating the principle of freedom of contract. The interpretation or supplementary effect of international maritime conventions on maritime contracts only occurs when the meaning of the contract is unclear. Contracts express the will of the parties, and when interpreting or supplementing them, the autonomy of the parties must be respected. If the contract explicitly excludes the application of convention, then convention cannot be applied.

3. Adhere to the principle of closest contact. There may be different conventions for the same matter. What kind of convention should be applied depends on the principle of the closest connection to determine the convention that should be applied.

Application of International Maritime Customs in China

The role of international maritime conventions has