The Arrest Conventions

International Enforcement of Maritime Claims
Erscheinungsjahr 2019
ISBN: 978-1-5099-2830-9
Verlag: Bloomsbury Academic

Buch, Englisch, 392 Seiten, Hardback, Format (B × H): 176 mm x 251 mm, Gewicht: 821 g

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.

Autoren/Hrsg.

Myburgh, Paul

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales See-, Luft- und Weltraumrecht

Inhaltsverzeichnis

1. Ship Arrest - Issues of Availability, Fairness and Proportionality

Rhidian Thomas
2. Arrest of Associated Ships

Graham Bradfield
3. Arrest as Security and Security Arrest

Anton P Trichardt
4. Declining Jurisdiction Following Arrest

Steven Rares
5. Rearrests and Multiple Arrests of Ships

Kate Lewins
6. Wrongful Arrest of Ships

Toh Kian Sing and Nathanael Lin
7. Conflict of Laws and the Arrest Conventions

Paul Myburgh
8. Arrest, Detention and Seizure of Ships: Availability for Environmental Claims

Michael Tsimplis
9. Arrest and Cross-Border Insolvency: The Singapore Experience

Belinda Ang
10. National Translations of the Arrest Conventions: European Civil Law Jurisdictions

Henning Jessen and George Theocharidis
11. National Translations of the Arrest Conventions: China

Yingying Zou
12. National Translations of the Arrest Conventions: Anglo-Common Law Jurisdictions

Bevan Marten
13. The Future of Ship Arrest

Martin Davies

Über Autor(innen)

Myburgh, Paul
Paul Myburgh is Professor of Law at the Auckland University of Technology Law School, New Zealand, and an Adjunct Research Professor in the Centre for Maritime Law at the National University of Singapore. He was formerly Associate Professor and Deputy Director of the Centre for Maritime Law at the National University of Singapore. He previously held faculty positions in South Africa and New Zealand. He has also held visiting teaching positions and research fellowships at the TC Beirne School of Law, University of Queensland, the Nordisk Institutt for Sjoerett, University of Oslo, and at City University of Hong Kong.

Paul is the editor of The Arrest Conventions: International Enforcement of Maritime Claims (Hart, 2019), and has published widely on admiralty and shipping law, maritime conflict of laws, and underwater cultural heritage issues. He is the New Zealand correspondent for Lloyd's Maritime and Commercial Law Quarterly, and sits on the editorial boards of the Journal for International Maritime Law and the Maritime Business Review. He is also the general editor of the CML CMI database of judicial decisions on international maritime Conventions.

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