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Ship Arrest
Ship arrest refers to the civil law procedure whereby a ship or similar marine vessel may be arrested by judicial process and held under state authority in a particular jurisdiction pending the determination of present or future claims relating to the vessel. The ship is detained by judicial process for the purpose of securing a maritime claim, or for unseaworthiness and certain other conditions. A ship may be "arrested" and detained in port by a court order in support of a maritime lien claim by creditors against the vessel. The grounds upon which a ship may be arrested vary under the legal systems of different countries. But common grounds which may permit arrest may include: * damage to cargo carried by the ship * damage caused by a collision with the ship * to protect a mortgage or maritime lien over the ship * unpaid pilotage Piloting or pilotage is the process of navigating on water or in the air using fixed points of reference on the sea or on land, usually with refer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrest Convention 1999
In 1999, the final text of the International Convention on Arrest of Ships was concluded, and the Convention (generally known as the "Arrest Convention 1999") came into force on 14 September 2011. The intent of the International Maritime Organization is that the 1999 Convention will come to replace the 1952 Convention, and as of 2019 the 1999 Convention has 17 state parties. Countries ratifying 1999 Convention to date include: Albania, Algeria, Benin, Bulgaria, Congo, Denmark, Ecuador, Estonia, Finland, Latvia, Liberia, Norway, Pakistan, Peru, Spain, Syria and Turkey. The new 1999 Convention follows the pattern of the 1952 Convention, but has a slightly less "Anglo-Saxon" bias. Although a signatory in 1999 to the final text, as of May 2015, the UK has yet to ratify the convention. The convention broadly follows the scheme of the UK system currently enacted in the Senior Courts Act 1981 (formerly the "Supreme Court Act 1981"), with some important additions. The Senior Courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Law
Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Priva ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Process
Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons, subpoena, mandate, and warrant. Process normally takes effect by serving in on a person, arresting a person, posting it on real property, or seizing personal property. See also *Civil procedure * Due process *Legal proceedings * Legal process outsourcing *Procedural law *Trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal ... References Further reading *Hartzler, H. Richard (1976). ''Justice, Legal Systems, and Social Structure''. Port Washington, NY: Kennikat Press. *Kempin, Jr., Frederick G. (1963). ''Legal History: Law and Social Change''. Englewood Cliffs, NJ: Prentice-Hall. *Murphy, Corneliu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nation State
A nation state is a political unit where the state and nation are congruent. It is a more precise concept than "country", since a country does not need to have a predominant ethnic group. A nation, in the sense of a common ethnicity, may include a diaspora or refugees who live outside the nation state; some nations of this sense do not have a state where that ethnicity predominates. In a more general sense, a nation state is simply a large, politically sovereign country or administrative territory. A nation state may be contrasted with: * A multinational state, where no one ethnic group dominates (such a state may also be considered a multicultural state depending on the degree of cultural assimilation of various groups). * A city-state, which is both smaller than a "nation" in the sense of "large sovereign country" and which may or may not be dominated by all or part of a single "nation" in the sense of a common ethnicity. * An empire, which is composed of many countries (po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maritime Lien
The maritime lien is one of three ''in rem'' claims capable of being brought under UK Admiralty Law. Whilst being a common law instrument, it has been codified under s.21(3) of the Senior Courts Act 1981 along with s.21(2) and s.21(4), its statutory counterparts. Maritime lien and ship mortgage have a single corresponding term in the civil law, namely the ship hypothec. The maritime lien is a proprietary instrument meaning it concerns the property: the ''res''. This includes the vessel (also covering its appurtenances and equipment), services rendered to it or injuries caused by that property. The rights include ''jus in re'' (right on the property) and ''jus in rem'' (right against the property). This means the lien treats the ship as the wrongdoer however, the lien is said to "implede" the owner into representing the res. The maritime lien is a privileged claim upon maritime property which attaches to the res from the moment a cause of action arises. It remains "inchoate" un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mortgage
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any purpose while putting a lien on the property being mortgaged. The loan is " secured" on the borrower's property through a process known as mortgage origination. This means that a legal mechanism is put into place which allows the lender to take possession and sell the secured property ("foreclosure" or " repossession") to pay off the loan in the event the borrower defaults on the loan or otherwise fails to abide by its terms. The word ''mortgage'' is derived from a Law French term used in Britain in the Middle Ages meaning "death pledge" and refers to the pledge ending (dying) when either the obligation is fulfilled or the property is taken through foreclosure. A mortgage can also be described as "a borrower giving consideration in the form ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pilotage
Piloting or pilotage is the process of navigating on water or in the air using fixed points of reference on the sea or on land, usually with reference to a nautical chart or aeronautical chart to obtain a fix of the position of the vessel or aircraft with respect to a desired course or location. Horizontal fixes of position from known reference points may be obtained by sight or by radar. Vertical position may be obtained by depth sounder to determine depth of the water body below a vessel or by altimeter to determine an aircraft's altitude, from which its distance above the ground can be deduced. Piloting a vessel is usually practiced close to shore or on inland waterways. Pilotage of an aircraft is practiced under visual meteorological conditions for flight. Land navigation is a related discipline, using a topographic map, especially when applied over trackless terrain. Divers use related techniques for underwater navigation. Piloting references Charts Depending on wheth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Towing
Towing is coupling two or more objects together so that they may be pulled by a designated power source or sources. The towing source may be a motorized land vehicle, vessel, animal, or human, and the load being anything that can be pulled. These may be joined by a chain, rope, bar, hitch, three-point, fifth wheel, coupling, drawbar, integrated platform, or other means of keeping the objects together while in motion. Towing may be as simple as a tractor pulling a tree stump. The most familiar form is the transport of disabled or otherwise indisposed vehicles by a tow truck or "wrecker". Other familiar forms are the tractor-trailer combination, and cargo or leisure vehicles coupled via ball or pintle and gudgeon trailer hitches to smaller trucks and cars. In the opposite extreme are extremely heavy duty tank recovery vehicles, and enormous ballast tractors involved in heavy hauling towing loads stretching into the millions of pounds. Necessarily, government and towing se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1952 Arrest Convention
The 1952 Arrest Convention (full title: International Convention for the unification of certain rules relating to Arrest of Sea-going Ships) is a 1952 multilateral treaty whereby states agree to rules on the arrest of ships. By the Convention, states agree to the following rule: a state agrees to allow a foreign jurisdiction to arrest a ship of its nationality that is present in the foreign jurisdiction's port. The arrest can be made only after a warrant of arrest is issued in the domestic jurisdiction of the port state. The rules of the Convention apply only if both the state of nationality and the state performing the arrest are state parties to the Convention. The Convention was concluded and signed on 10 May 1952 in Brussels, Belgium; it entered into force on 24 February 1956. It has been signed by 19 states and is in force in 71 jurisdictions. Spain, an original signatory of the Convention, denounced it in 2011. The depositary of the Convention is the government of Belgium. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admiralty Law
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties. Admiralty law may be distinguished from the law of the sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters, and the maritime relationships between nations. The United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union, and disputes are resolved at the ITLOS tribunal in Hamburg. History Seabor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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