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The Arrest Conventions: International Enforcement of Maritime Claims

Editat de Paul Myburgh
en Limba Engleză Hardback – 24 iul 2019
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.
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Specificații

ISBN-13: 9781509928309
ISBN-10: 1509928308
Pagini: 392
Dimensiuni: 169 x 244 x 26 mm
Greutate: 0.77 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Examines key aspects of the international Arrest Conventions and the fundamental role that the Conventions play in the worldwide enforcement of maritime claims

Notă biografică

Paul Myburgh is an Associate Professor and the Deputy Director of the Centre for Maritime Law at the National University of Singapore

Cuprins

1. Ship Arrest - Issues of Availability, Fairness and Proportionality Rhidian Thomas2. Arrest of Associated Ships Graham Bradfield3. Arrest as Security and Security Arrest Anton P Trichardt4. Declining Jurisdiction Following Arrest Steven Rares5. Rearrests and Multiple Arrests of Ships Kate Lewins6. Wrongful Arrest of Ships Toh Kian Sing and Nathanael Lin7. Conflict of Laws and the Arrest Conventions Paul Myburgh8. Arrest, Detention and Seizure of Ships: Availability for Environmental Claims Michael Tsimplis9. Arrest and Cross-Border Insolvency: The Singapore Experience Belinda Ang10. National Translations of the Arrest Conventions: European Civil Law Jurisdictions Henning Jessen and George Theocharidis11. National Translations of the Arrest Conventions: China Yingying Zou12. National Translations of the Arrest Conventions: Anglo-Common Law Jurisdictions Bevan Marten13. The Future of Ship Arrest Martin Davies

Recenzii

[T]his book is a welcome and valuable addition to the few texts which must always be consulted when an issue relating to ship arrest falls to be argued and resolved ... From my perspective as judge of Admiralty matters, I am sure that as and when issues concerning the right to arrest arise for decision, this book will not only be an essential reference point but will also be a source of valuable ideas as to the desired direction of travel.
There is something here for everybody; moreover, the arguments advanced are overwhelmingly of a uniformly high standard, carefully constructed and well-expressed ... In short, this is an extremely worthwhile book. It is thoroughly recommended to any shipping lawyer, especially a parochial English one, who wishes to broaden their knowledge while sharing a highly enjoyable read, and to any comparative lawyer wishing to expand their knowledge of an otherwise esoteric branch of the law. Buy it while you can. Then tell your library to do likewise.