An Analysis of Ship Arrest in International Maritime Law PDF Download

Author: James Bonat
Publisher:
ISBN:
Category :
Languages : en
Pages : 116

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Author: Paul Myburgh
Publisher: Bloomsbury Publishing
ISBN: 1509928286
Category : Law
Languages : en
Pages : 385

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Book Description
The Arrest Conventions, signed in 1952 and 1999, play a fundamental role in the worldwide enforcement of maritime claims. Arrest of ships is one of the most distinctive features of international maritime law. It provides a powerful, efficient and effective means of enforcing maritime claims in rem, obtaining sufficient asset security and preserving property pending substantive proceedings. Ship arrest is, however, also a draconian power that cuts across property rights and can cause considerable commercial harm to shipowning interests. This book provides thematic and comparative analysis from leading international commentators on the most significant legal and policy issues, including practical problems arising from the Arrest Convention texts, as well as the direct implementation or indirect 'translation' of the Arrest Conventions into domestic legal systems. It critically analyses the political and historical development of the Conventions, explores the key concepts underpinning the Arrest Convention frameworks and considers the future of ship arrest.

Author: Committee on Maritime and Transport Law Staff
Publisher: Springer
ISBN: 9401744335
Category : Law
Languages : en
Pages : 102

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Book Description
It is with great pleasure that as Chairman of the Section on Business Law of the International Bar Association I write this foreword to a series of handbooks on maritime law which have been prepared by the Committee on Maritime and Transport Law of our Section. The first of these handbooks deals with 'Arrest of Vessels', the second with 'Enforced Sales of Vessels', the third with 'Registration of Vessels' and the fourth with 'Mortgages on Vessels'. I feel sure that they will all be valuable aids to international lawyers practising in the field of maritime law. These handbooks owe their conception to Mr. Lennart Hagberg of Gothenburg, Sweden, the Chairman of the Maritime and Transport Law Committee. Both he and the contributors to the series have put an enormous amount of work into the handbooks and devoted long hours to their preparation, hours which I feel sure they have borrowed with difficulty from their heavy commitments as busy practising lawyers. I am happy to think that our Section, which was formed only six years ago, is as its first ventures in the publishing field producing at the same time both these handbooks on maritime law and another on 'Contracts of Employment', which has been prepared by our Com mittee on Labour Law, under the chairmanship of Mr. Willard Z. Carr. Jr. of Los Angeles, California. May they be the forerunners of many more.

Author: David Joseph Attard
Publisher: Oxford University Press
ISBN: 019968393X
Category : Law
Languages : en
Pages : 769

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Book Description
"This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact." --

Author: David Attard
Publisher: Oxford University Press
ISBN: 0191506931
Category : Law
Languages : en
Pages : 769

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Book Description
This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume II: Shipping Law provides a detailed understanding of the historical development of shipping law looking at concepts, sources, and international organisations relating to shipping law; nationality, registration and ownership of ships; ship sale and shipping contracts; ship management and ship finance; arrest of ships; international trade and shipping documents; carriage of goods, passengers and their luggage by sea; maritime labour law; law of maritime safety; law of marine collisions; law of salvage; law of wrecks; law of general average; law of towage; law of harbours and pilotage; limitation of liability for maritime claims; and law of marine insurance. Volume II published in October 2014 addresses the major issues which arise in the law of the sea. The forthcoming Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.

Author: Francesco Berlingieri
Publisher: CRC Press
ISBN: 1317243927
Category : Law
Languages : en
Pages : 982

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Book Description
Now presented in two convenient volumes, the sixth edition of Berlingieri on Arrest of Ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest and the jurisdiction on the merits. Focused on the 1952 Arrest Convention, volume I provides a unique, thorough, and updated commentary, analysing each provision with reference to its interpretation in a significant number of States Parties. Moreover, the original comments have been reviewed on the basis of the Travaux Préparatoires of the Convention, which the Author has collected and arranged under each article. In addition to this, the Travaux Préparatoires are now included as a new and important appendix to the volume. Written by a renowned expert in the field, and analysing the various conventions relating to the arrest of ships in an article-by-article and paragraph manner, this book is a useful reference tool for practitioners, as well as academics and post-graduate students of maritime law.

Author: Verónica Ruiz Abou-Nigm
Publisher: Oxford University Press, USA
ISBN: 0199581355
Category : Law
Languages : en
Pages : 306

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Book Description
Analysing the arrest of ships in English and Scots law in the light of the international conventions in the field this book examines the protective, security, and jurisdictional functions of arrest within the three classical domains of private international law: applicable law, jurisdiction, and the recognition and enforcement of foreign judgments.

Author: Francesco Berlingieri
Publisher: Taylor & Francis
ISBN: 1315412799
Category : Law
Languages : en
Pages : 562

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Book Description
Now presented in two convenient volumes, the sixth edition of Berlingieri on Arrest of Ships is an invaluable source of information, detailing the claims in respect of which a ship may be arrested, the conditions for obtaining an order of arrest, the need for a security, the manner by which the ship that has been arrested may be released, the possibility of a multiple arrest and the jurisdiction on the merits. Focused on the 1999 Arrest Convention, volume II provides a unique, thorough, and updated commentary, analysing each provision with reference to its interpretation in a significant number of States Parties. Moreover, the original comments have been reviewed on the basis of the Travaux Préparatoires of the Convention, which the Author has collected and arranged under each article. In addition to this, the Travaux Préparatoires are now included as a new and important appendix to the volume. Written by a renowned expert in the field, and analysing the various conventions relating to the arrest of ships in an article-by-article and paragraph manner, this book is a useful reference tool for practitioners, as well as academics and post-graduate students of maritime law.

Author: International Bar Association. Committee on Maritime and Transport Law
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 120

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Book Description
It is with great pleasure that as Chairman of the Section on Business Law of the International Bar Association I write this foreword to a series of handbooks on maritime law which have been prepared by the Committee on Maritime and Transport Law of our Section. The first of these handbooks deals with 'Arrest of Vessels', the second with 'Enforced Sales of Vessels', the third with 'Registration of Vessels' and the fourth with 'Mortgages on Vessels'. I feel sure that they will all be valuable aids to international lawyers practising in the field of maritime law. These handbooks owe their conception to Mr. Lennart Hagberg of Gothenburg, Sweden, the Chairman of the Maritime and Transport Law Committee. Both he and the contributors to the series have put an enormous amount of work into the handbooks and devoted long hours to their preparation, hours which I feel sure they have borrowed with difficulty from their heavy commitments as busy practising lawyers. I am happy to think that our Section, which was formed only six years ago, is as its first ventures in the publishing field producing at the same time both these handbooks on maritime law and another on 'Contracts of Employment', which has been prepared by our Com mittee on Labour Law, under the chairmanship of Mr. Willard Z. Carr. Jr. of Los Angeles, California. May they be the forerunners of many more.

Author: Francesco Berlingieri
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 282

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Book Description
This text provides detailed comparative commentary and analysis of the 1952 Arrest Convention. It has been updated and expanded to incorporate developments in legislation and case law and to cover additional jurisdictions. As well as analyzing the provisions of the convention article by article, the book also explains how the convention has been implemented in contracting states, and examines the practical differences in non-contracting states."