Research Catalog

Title

Berlingieri on arrest of ships : a commentary on the 1952 and 1999 Arrest Conventions / by Francesco Berlingieri ; foreword by Jean-Serge Rohart.

Author

Berlingieri, Francesco

Publication

London : Informa, 2006.

Items in the Library & Off-site

Holdings

Details

Additional Authors

International Maritime Committee.

Description

lvii, 694 p.; 25 cm.

Series Statement

Lloyd's shipping law library

Uniform Title

Lloyd's shipping law library.

Alternative Title

Arrest of ships

Subject

Arrest of ships

Note

• "Published under the auspices of the Comité maritime international."

Bibliography (note)

• Includes bibliographical references and index.

Processing Action (note)

• committed to retain

Contents

• History of the Conventions -- History of the 1952 Arrest Convention -- The CMI Conference oof 1930 in Antwerp -- The prepartory work for a draft convention on arrest of ships -- The CMI Conferences of 1933 in Oslo and of 1937 in Paris -- The CMI Conferences of 1947 in Antwerp, of 1949 in Amsterdam and of 1951 in Naples -- The Brussels Diplomatic Conference, 2-10 May 1952 -- History of the 1999 Arrest Convention -- The work of the CMI -- The work of the Joint International Group of Experts on Maritime Liens and Mortgages and Related Subjects (JIGE) -- The Geneva Diplomatic Conference, 1-12 March 1999 -- Implementation of the Conventions by Contracting States -- Introduction-Methods of implementation -- Implementation of the 1952 Arrest Convention -- How the Convention has been implemented -- Implementation of the 1999 Arrest Convention -- States that have given force of law to the 1952 Convention --^
• States that have incorporated the provisions of the 1952 Convention (or some of them) into their national law -- The Maritime Claims -- The chapeau of the article -- Artivle 1(1) of the 1952 and of the 1999 Conventions -- The individual maritime claims -- Damage caused by a ship -- Loss of life -- Salvage -- Pollution damage -- Wreck removal -- Use or hire of a ship -- Carriage of goods (and passengers) -- Loss or damage to goods and baggage -- General average -- Bottomry -- Towage -- Pilotage -- Supplies -- Construction and repair -- Port and similar dues -- Wages -- Disbursements -- Insurance premiums -- Commissions, brokerage, and agency fees -- Disputes as to ownership -- Disputes between co-owners -- Mortgage or hypotheque -- Sale of the ship -- Definitions of "ARREST", "PERSON", "CLAIMANT" and "COURT" -- Definition of arrest -- Definition of person -- Definition of claimant -- Definition of court -- Claims in respect of which a ship may be arrested --^
• Arrest in respect of maritime claims -- Arrest or detention by public authorities -- International Conventions and agreements -- National laws -- Ships detained or prevented from sailing by public authorites -- Ships under arrest adversely affecting the use of the port installations -- Arrest of a ship ready to sail -- When arrest is permitted -- Deletion of the provision and its implications -- When the release of a ship under arrest is not permitted -- The reasons for the exception -- Trading of a ship under arrest -- Reinstatement of the existing rule -- Liability for wrongful arrest -- The history of the rule -- A review of national rules -- Security for damages -- An analysis of the rule in the light of its history -- Procedure relating to arrest Conditons for obtaining the authority -- Enforcement of the arrest National rules -- Jurisdiction on the merits -- Conflict with other conventions and with EC Regulation 44/2001 -- The individual links --^
• The analysis of the provision in the light of its history -- Conflict with other conventions and with the EC Regulation 44/2001 -- Recongnition and enforcement of judgments -- The history of the provision -- Scope of application -- The notion of ship -- The flag as the symbol of nationality -- Ships flying the flag of Contracting States -- Ships flying the flag of non-Contracting States -- Exclusions from the scope of application -- The general rule -- Exceptions to the general rule.

ISBN

• 9781843115502
• 1843115506

Owning Institutions

Harvard Library