Provision of Vietnamese and the United Kingdom maritime law on elements to constitute tortious liability in international collision between marine vessels

Abstract

Collisions between marine vessels are· common incidents in the practice of maritime law. On the other hand, because collision accidents frequently occur in international waters, understanding international maritime laws is critical for protecting the legitimate rights and interests of Vietnamese shipowners and crews in international waters. In practice, international maritime law as well as national maritime laws of many countries that have a strong seaborne trade are heavily influenced by English common law. This article analyses and compares the differences between the provisions of Vietnamese law and those of the United Kingdom of England and Northern Ireland regarding maritime collisions involving international marine vessels. The article concludes that even though the laws of Vietnam and the United Kingdom adopt different approaches to the determination and allocation of civil liability in international collision accidents, the end result of these approaches is relatively similar.