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The Arrest Conventions

The Arrest Conventions
Author: Paul Myburgh
Publisher: Bloomsbury Publishing
Total Pages: 392
Release: 2019-07-25
Genre: Law
ISBN: 1509928286

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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.


Berlingieri on Arrest of Ships Volume I

Berlingieri on Arrest of Ships Volume I
Author: Francesco Berlingieri
Publisher: CRC Press
Total Pages: 982
Release: 2016-11-03
Genre: Law
ISBN: 1317243927

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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.


Berlingieri on Arrest of Ships Volume II

Berlingieri on Arrest of Ships Volume II
Author: Francesco Berlingieri
Publisher: Taylor & Francis
Total Pages: 562
Release: 2016-11-18
Genre: Law
ISBN: 1315412799

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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.


The Arrest Conventions

The Arrest Conventions
Author: Paul Myburgh
Publisher: Bloomsbury Publishing
Total Pages: 385
Release: 2019-07-25
Genre: Law
ISBN: 1509928294

Download The Arrest Conventions Book in PDF, ePub and Kindle

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.


The Arrest of Ships in Private International Law

The Arrest of Ships in Private International Law
Author: Verónica Ruiz Abou-Nigm
Publisher: Oxford University Press, USA
Total Pages: 306
Release: 2011-11-17
Genre: Law
ISBN: 0199581355

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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.


Berlingieri on Arrest of Ships

Berlingieri on Arrest of Ships
Author: Francesco Berlingieri
Publisher: CRC Press
Total Pages: 1278
Release: 2013-08-29
Genre: Law
ISBN: 1135117543

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This book is an invaluable source of information about the claims in respect of which a ship may be arrested in the various maritime countries of the world, the conditions for obtaining an order of arrest, the need, if any, 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. Berlingieri provides an analysis and insightful commentary, on an article per article and paragraph per paragraph basis, of the 1952 International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships and the 1999 International Convention on Arrest of Ships (entering into force September 2011). New to this edition Updating of the information on the interpretation of the 1952 Convention in a number of Contracting States An analysis of the adoption of the rules of the 1999 Conventions in various States of the world, including China, the member States of the Communauté Économique et Monétaire de l’Afrique Centrale (Cameroon, Congo, Gabon, Tchad), the member States of the Comunidad Andina (Bolivia, Columbia, Ecuador and Peru) and Venezuela. This book is a useful reference tool for practitioners, as well as academics and post-graduate students of maritime law.


International Maritime Conventions (Volume 2)

International Maritime Conventions (Volume 2)
Author: Francesco Berlingieri
Publisher: CRC Press
Total Pages: 507
Release: 2014-10-17
Genre: Law
ISBN: 1317746090

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For the first time, this unique text brings together all private international maritime law conventions alongside expert commentary and analysis. Truly global in approach, the book covers each of the nineteen conventions currently in force, all scrutinised by this internationally-acclaimed author. It also examines important maritime conventions not yet fully ratified, including the topical Rotterdam Rules. This comprehensive resource provides a thorough treatment of both wet and dry shipping treaties, combining breadth of coverage with depth of analysis. In this second volume, the author covers the key conventions dealing with collision, salvage, maritime liens and mortgages, arrest of ships, and limitation of liability. In particular, the author covers: International Convention for the unification of Certain Rules of Law with respect to Collision between Vessels, 1910 International Convention on certain Rules Concerning Civil Jurisdiction in Matters of Collision, 1952 International Convention for the Unification of Certain Rules Relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation, 1952 International Convention for the Unification of Certain Rules of Law Relating to Assistance and Salvage at Sea, 1910 International Convention on Salvage, 1989 International Convention for the Unification of Certain Rules Relating to Maritime Liens and Mortgages, 1926 International Convention on Maritime Liens and Mortgages 1993 International Convention relating to the Arrest of Sea-Going Ships, 1952 International Convention on Arrest of Ships, 1999 International Convention Relating to the Limitation of Liability of Owners of Sea-Going Ships, 1957 and Protocol of 21 December 1979 International Convention on Limitation of Liability for Maritime Claims, 1976 and Protocol of 1996 This book is an indispensable reference for maritime lawyers, academics and students of maritime law worldwide.


Berlingieri on Arrest of Ships

Berlingieri on Arrest of Ships
Author: Francesco Berlingieri
Publisher:
Total Pages: 282
Release: 1996
Genre: Law
ISBN:

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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."


Enforcement of Maritime Claims

Enforcement of Maritime Claims
Author: David Jackson
Publisher: CRC Press
Total Pages: 1669
Release: 2013-08-22
Genre: Law
ISBN: 1135119228

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The fourth edition consists of consideration of all aspects of the jurisdiction of English courts and arbitrators over maritime claims, applicable law, judgments, remedies and security interests, including the continuing critical impact of membership of the European Union. The comprehensive updating encompasses legislative, convention and judicial developments since the publication of the last edition in 2000 – in particular the replacement of the amended Brussels Jurisdiction and Judgments Convention 1968 by Council Regulation 44/2001 and its effect on other maritime convention jurisdiction provisions, relevant Civil Procedure Rules and judicial interpretation of both.