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Arrest of Ships in a Comparative Perspective and Comments on the Chinese Regime

Song, Shuang LU (2012) JASM01 20121
Department of Law
Abstract
Nearly all maritime lawsuits start with arrest of ships or a threat of arrest, which makes the research on ship arrest regimes very meaningful. This thesis aims at carrying out a comparative analysis of the law of ship arrest in four jurisdictions, namely, the United Kingdom, United states, France and China.

Two international conventions concerning the arrest of ships have been concluded one in 1952 and the other in 1999 respectively. The first one has been ratified by many countries and functioned for a long time, but is subject to controversy that some prescriptions have become out-dated and require amendments. The latter has entered into force recently and is considered to be progress in meeting the need of the modern international... (More)
Nearly all maritime lawsuits start with arrest of ships or a threat of arrest, which makes the research on ship arrest regimes very meaningful. This thesis aims at carrying out a comparative analysis of the law of ship arrest in four jurisdictions, namely, the United Kingdom, United states, France and China.

Two international conventions concerning the arrest of ships have been concluded one in 1952 and the other in 1999 respectively. The first one has been ratified by many countries and functioned for a long time, but is subject to controversy that some prescriptions have become out-dated and require amendments. The latter has entered into force recently and is considered to be progress in meeting the need of the modern international shipping trade, but still suffers from limited ratification. The disagreement between the shipowners and maritime claimants, together with the differences between jurisdictions add to the difficulty of reaching a universally acceptable ship arrest regime.

The shipping business is of a highly international nature. The lack of international unification makes it necessary to conduct research on the law of each jurisdiction. This thesis is intended to describe, analyse and make comparisons between some most influential legal approaches regarding arrest of ships, including the common law in rem action, the English Mareva injunction, the American Rule B attachment, as well as the French saisie conservatoire.

The Chinese ship arrest regime was established quite recently. It was designed with reference to the above mentioned laws and has shown some features of both major legal systems. This approach was creative and has its advantages when dealing with the maritime litigation. However, the deviation from some basic legal theories and principles of general procedural law also raises problem. The maritime legal system of China needs considerable improvement. (Less)
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author
Song, Shuang LU
supervisor
organization
course
JASM01 20121
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Arrest of ships, Chinese maritime law, Maritime procedure
language
English
id
2607587
date added to LUP
2012-10-15 12:24:50
date last changed
2012-10-15 12:24:50
@misc{2607587,
  abstract     = {Nearly all maritime lawsuits start with arrest of ships or a threat of arrest, which makes the research on ship arrest regimes very meaningful. This thesis aims at carrying out a comparative analysis of the law of ship arrest in four jurisdictions, namely, the United Kingdom, United states, France and China.

Two international conventions concerning the arrest of ships have been concluded one in 1952 and the other in 1999 respectively. The first one has been ratified by many countries and functioned for a long time, but is subject to controversy that some prescriptions have become out-dated and require amendments. The latter has entered into force recently and is considered to be progress in meeting the need of the modern international shipping trade, but still suffers from limited ratification. The disagreement between the shipowners and maritime claimants, together with the differences between jurisdictions add to the difficulty of reaching a universally acceptable ship arrest regime.

The shipping business is of a highly international nature. The lack of international unification makes it necessary to conduct research on the law of each jurisdiction. This thesis is intended to describe, analyse and make comparisons between some most influential legal approaches regarding arrest of ships, including the common law in rem action, the English Mareva injunction, the American Rule B attachment, as well as the French saisie conservatoire.

The Chinese ship arrest regime was established quite recently. It was designed with reference to the above mentioned laws and has shown some features of both major legal systems. This approach was creative and has its advantages when dealing with the maritime litigation. However, the deviation from some basic legal theories and principles of general procedural law also raises problem. The maritime legal system of China needs considerable improvement.},
  author       = {Song, Shuang},
  keyword      = {Arrest of ships,Chinese maritime law,Maritime procedure},
  language     = {eng},
  note         = {Student Paper},
  title        = {Arrest of Ships in a Comparative Perspective and Comments on the Chinese Regime},
  year         = {2012},
}