...MARITIME LIENS IN THE CONFLICT OF LAWS (final version published in J.A.R. Nafziger & Symeon C. Symeonides, eds., Law and Justice in a Multistate World: Essays in Honor of Arthur T. von Mehren, Transnational Publishers Inc., Ardsley, N. Y. 2002 at pp. 439-457) Prof. William Tetley, Q.C.* INDEX I. II. Preface - Homage to Arthur T. von Mehren Introduction - Maritime Liens 1) 2) III. Civilian origins of maritime liens Characteristics of maritime liens Maritime Liens as Sources of Conflicts of Law 1) 2) 3) The differing scope of "maritime liens" Other maritime claims Different ranking of maritime liens and claims IV. V. VI. VII. The United Kingdom - The Lex Fori The United States - The Proper Law Canada Some Other Jurisdictions 1) 2) 3) 4) 5) China Israel Greece Sweden The Netherlands VIII. The Rome Convention 1980 IX. * Conclusion Professor of Law, McGill University; Distinguished Visiting Professor of Maritime and Commercial Law, Tulane University; counsel to Langlois Gaudreau O'Connor of Montreal. The author acknowledges with thanks the assistance of Robert C. Wilkins, B.A., B.C.L., in the preparation and correction of the text. -2- MARITIME LIENS IN THE CONFLICT OF LAWS Prof. William Tetley, Q.C.* I. Preface - Homage to Arthur T. von Mehren I am honoured to contribute to Prof. Arthur von Mehren's festschrift. On occasion, I have leaned upon and even borrowed (with great benefit and I hope with complete citation), his writings and, for example, have...
Words: 12945 - Pages: 52
...DIME & EVIOTA LAW FIRM Corporate Rescue and the New Financial Rehabilitation and Insolvency Act of 2010 [A DLDTE LAW CLIENT PAPER] Ronald B. Dime 2010 2/F MIDWAY COURT BLDG., 241 EDSA MAND. CITY, PHILS. Corporate Rescue and the New Financial Rehabilitation and Insolvency Act of 2010 I. INTRODUCTION: A BRIEF HISTORY 2010 For a long time, a distressed corporation in the Philippines had no other real recourse than to commit legal seppuku, whether or not its financial condition was due to the fundamental unsoundness of its business or merely a temporary run in with bad luck. This lack of any real corporate rescue vehicle characterized the legal environment that prevailed under the regime of Act No. 1956 (otherwise known as the “Insolvency Law”) from the time of its enactment on 20 May 1909 until the early 1980s1. Act 1956 by itself introduced major changes to corporate law and removed the distinction in the Spanish system between “insolvency” and “bankruptcy.” Nonetheless, the Insolvency Law’s approach to corporate rescue was simply to provide a “solvent but illiquid” debtor temporary relief from payment of its debts while an “insolvent” corporation was forced to undertake a gradual and organized liquidation process2. The Insolvency Law of the Philippines is in fact a derivative of even older laws from other jurisdictions, such as the California Insolvency Law of 1895 and the American bankruptcy Act of 1867 [See Sun Life Assurance Co. of Canada v...
Words: 10185 - Pages: 41
...energy the world over, Oil and Gas will no doubt remain the largest fuel in the international energy market for some time and demand for the resources will continually create transactions and the attendant disputes. We all know that big business means big problems! The focus of this paper is to highlight the types of disputes which arise in the Oil and Gas industry, the type of Dispute Settlement/Resolution mechanisms available for resolving such disputes, issues of jurisdiction vis a vis private international law, consideration of the enabling instruments and laws and a practice guide to commencing/defending oil and gas related suits and finally a consideration of the Petroleum Industry Bill. 1. TYPES OF DISPUTES IN THE OIL AND GAS INDUSTRY. Disputes in the oil and gas sector the world over can span a range of subject matter, involving diverse parties. Some of these areas of disputes are outlined as follows: | * International and Local Maritime Boundary Disputes:...
Words: 7875 - Pages: 32
...police power of state more effective i) Discouraged, superseded in practice, and restricted by law now. c) Situations when available: i) Available in debtor-creditor situations where debts are voluntarily paid when they are due (most pay when get into financial position to pay) ii) When possession of goods bailed are returned to the Owner when the period of the bailment ends. iii) When debtor intentionally refuses to pay or neglects to pay creditor may resort to self-help to get paid. 1) May be independent or in conjunction with litigation. d) Usually attempt to get debtor to pay voluntarily before seeking assistance of the court. e) Repossession i) Allowed at common law where it can be accomplished without breach of peace. ii) Person disseised and dispossessed of land an reenter w/o a court order unless would involve breach of peace iii) Repossession of chattels is allowed where they have been: 1) Loaned, hired, bailed, lost and found, or stolen and wrongfully detained from the O provided it is done w/o ab reach of the peace. 2) Person may recover own chattels from land of the wrongdoer, but to do so from the land of a 3P would be trespass 3) Hunters may retrieve dogs from posted property. 4) UCC Article 9- a secured party has the right to proceed to self help repossession default without regard to common law ownership. 5) Right of repossession of chattels may be exercised w/o recourse to courts...
Words: 113918 - Pages: 456
...UNCTAD Review of MaRitiMe tRanspoRt 2014 For further information on UNCTAD’s work on trade logistics, please visit: http://unctad.org/ttl and for the Review of Maritime Transport 2014: http://unctad.org/rmt E-mail: rmt@unctad.org Layout and printed at United Nations, Geneva 1418912 (E)–November 2014–2,062 UNCTADRMT2014 United Nations publication Sales No. E.14.II.D.5 UNITED NATIONS ISBN 978-92-1-112878-9 Photo credit : © Jan Hoffmann To read more and to subscribe to the UNCTAD Transport Newsletter, please visit: http://unctad.org/transportnews U n i t e d n at i o n s C o n f e r e n C e o n t r a d e a n d d e v e l o p m e n t Review of MaRitiMe tRanspoRt 2014 U n i t e d n at i o n s C o n f e r e n C e o n t r a d e a n d d e v e l o p m e n t Review of MaRitiMe tRanspoRt 2014 New York and Geneva, 2014 REVIEW OF MARITIME TRANSPORT 2014 ii NOTE The Review of Maritime Transport is a recurrent publication prepared by the UNCTAD secretariat since 1968 with the aim of fostering the transparency of maritime markets and analysing relevant developments. Any factual or editorial corrections that may prove necessary, based on comments made by Governments, will be reflected in a corrigendum to be issued subsequently. * ** Symbols of United Nations documents are composed of capital letters combined with figures. Use of such a symbol indicates a reference to a United Nations document. * ** The designations...
Words: 47885 - Pages: 192
...Membership of alliances and conferences. In house ship management or contracted out. Marketing and pricing strategies, in house or independent agency. Financial performance. Having established the policy the board will delegate the management of these functions to various operating departments. An agent is a person who acts for or behave of another in such manner that the principle is legally liable for all acts under agency. An agent function is to bring his principle into contractual relationship with third parties. Under the English law an agency relationship arise when one person, who is called the agent is authorized or considered by law as authorized to represent another person called the Principal in such a way to be able to affect the principal’s legal position. This is the general principle of any agency agreement. However, this situation can be extended by agreement and terms of the appointment can sometimes give the agent rights of lien also the possibility of rights to sell principal’s goods to recover unpaid monies due to the agent. 1. NEED FOR THE STUDY: • In current global scenario shipping plays a vital role in manufacturing of goods, transfer of raw materials, etc., • To identify future infrastructure and other functional facilities required. • To analyze the transformation pattern for each major...
Words: 11710 - Pages: 47
...6 août 2014 LOGISTIQUE ET ADMINISTRATION DU COMMERCE INTERNATIONAL François Soulet de Brugière 16 avenue de la Clairière 59650 Villeneuve d’Ascq Tél mobile : +33 (0)6.0779.0699 e-mail : fsoulet@leroymerlin.fr I. Le monde et sa diversité 21 I - A : Les perceptions du monde 21 I-A-1 / La perception de l’espace 21 I-A-2 / La perception du temps 22 I-A-3 / La perception de l'argent 23 I-A-4 / La perception du rapport à l'autre 23 I-A-5 / Les espaces économiques mondiaux, 23 I - B : Territoire national, territoire douanier et territoire fiscal 41 I-B-1 / La France : 83 territoires et possessions à ce jour : 41 I-B-2 / Le territoire fiscal communautaire 41 I-B-3 / Les principaux opérateurs du commerce extérieur 43 II. Etre présents sur les marchés étrangers 43 II - A : Les différentes formes de distribution 43 II-A-1 / Les trois formes de distribution 43 II-A-2 / Le transfert de savoir-faire 43 II-A-3 / 7 Critères capitaux de sélection d’un fournisseur 44 II-A-4 / Les possibilités de représentation commerciale à l'étranger 44 II-A-5 / L’entreprise conjointe (Joint Venture – JV) 44 II-A-6 / Les zones franches (Free Trade Zone) 45 II-A-7 / Le dispositif français d'aide à l'export en matière commerciale 45 II-A-8 / Les entreprises françaises et l’export 52 II-A-9 / Une esquisse...
Words: 49583 - Pages: 199
...M:\USCC\USChina.eps Report Documentation Page Form Approved OMB No. 0704-0188 Public reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. 1. REPORT DATE 3. DATES COVERED 2. REPORT TYPE 01 NOV 2009 4. TITLE AND SUBTITLE 00-00-2009 to 00-00-2009 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER 2009 Report to Congress of the U.S-China Economic and Security Review Commission 6. AUTHOR(S) 5d. PROJECT NUMBER 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) U.S.-China Economic and Security Review Commission,Washington,DC 9. SPONSORING/MONITORING AGENCY NAME(S) AND...
Words: 185166 - Pages: 741
...Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City SIXTEENTH CONGRESS Second Regular Session HOUSE BILL NO. 4994 AN ACT PROVIDING FOR THE BASIC LAW FOR THE BANGSAMORO AND ABOLISHING THE AUTONOMOUS REGION IN MUSLIM MINDANAO, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9054, ENTITLED “AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND REPUBLIC ACT NO. 6734, ENTITLED “AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: PREAMBLE We, the Bangsamoro people and other inhabitants of the Bangsamoro, imploring the aid of the Almighty, aspiring to establish an enduring peace on the basis of justice in our communities and a justly balanced society, and asserting our right to conserve and develop our patrimony; In consonance with the Constitution and the universally accepted principles of human rights, liberty, justice, democracy, and the norms and standards of international law, reflective of our system of life prescribed by our faith, and in harmony with our customary laws, cultures and traditions; Affirming the distinct historical identity and birthright of the Bangsamoro people to their ancestral homeland and their right to self-determination – beginning with the struggle for freedom of their forefathers in generations past and extending to the present – to chart...
Words: 26005 - Pages: 105
...ANNUAL REPORT 2013 1. HigHligHts Fourth Quarter Full Year $ Change 55 88 (34) 54 54 54 8 0.1 pp 3.0 pp (6) 76 (0.4) pp 2.4 pp 346 (255) 214 3.1 pp $0.20 $0.03 % Change 2.5 3.5 (0.9) pp (0.6) (1.7) (1.6) (1.8) (2.3) 0.2 0.3 (0.2) (1.8) 1.1 0.3 0.2 3.0 The financial and operating highlights for Air Canada for the periods indicated are as follows. (Canadian dollars in millions, except where indicated) Financial Performance Metrics Operating revenues Operating income Non-operating expense (1) Income (loss) before income taxes and discontinued operations Net income (loss) from continuing operations Net loss from discontinued operations – Aveos Net income (loss) Adjusted net income (loss) (2) Operating margin, excluding the impact of benefit plan amendments % (3) Operating margin % EBITDAR, excluding the impact of benefit plan amendments (3) (4) EBITDAR (4) EBITDAR margin, excluding the impact of benefit plan amendments % (3) (4) EBITDAR margin % (4) Unrestricted liquidity (5) Free cash flow (6) Adjusted net debt (7) Return on invested capital ("ROIC") %(8) Diluted earnings (loss) per share Adjusted net income (loss) per share – diluted (2) Operating Statistics (9) Revenue passenger miles (millions) ("RPM") Available seat miles (millions) ("ASM") Passenger load factor % Passenger revenue per RPM (“Yield”) (cents) Passenger revenue per ASM (“RASM”) (cents) Operating revenue per ASM (cents) Operating expense per ASM (“CASM”) excluding the impact of benefit plan amendments...
Words: 76430 - Pages: 306
...INTRODUCTION TO THE LAW OF CONTRACT DEFINITION A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock: “A promise or set of promises which the law will enforce”. The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default. CLASSIFICATION Contracts may be divided into two broad classes: 1. Contracts by deed A deed is a formal legal document signed, witnessed and delivered to effect a conveyance or transfer of property or to create a legal obligation or contract. 2. Simple contracts Contracts which are not deeds are known as simple contracts. They are informal contracts and may be made in any way – in writing, orally or they may be implied from conduct. Another way of classifying contracts is according to whether they are “bilateral” or “unilateral”. 1. Bilateral contracts A bilateral contract is one where a promise by one party is exchanged for a promise by the other. The exchange of promises is enough to render them both enforceable. Thus in a contract for the sale of goods, the buyer promises to pay the price and the seller promises to deliver the goods. 2. Unilateral contracts A unilateral contract is one where one party promises to do something in return for an act of the other party, as opposed to a promise, eg, where X promises...
Words: 54083 - Pages: 217
...A abandon s.n. 1. {de drepturî) (dr.) desertion/renunciation of rights 2. (a/ navei, al încărcăturiî) (mar.) abandonment 3. (retragerea dintr-o operaţiune cu primâ contra cedării unei prime) {bur.) abandon ~ pe mare rea - abandon in heavy sea abandona v.t. 1. (drepttiri, pretenţii) to relinquish, to waive 2. (nava, încarcătura etc.) to abandon, to leave abandonare s.f. 1. (de drepturi, pretenţii) relinquishment 2. abandonment, abandoning ~ a navei - (de întregul echipqf, când nava nu mai poate fi salvaîa) abandonment of ship ~ a postului - dereliction ofduty ~ a produsului - (a prodncerii şi a comercializăru acestuia) product abandonment/elimination ~ a unui bun - (asig. mar.) dereliction abandonat adj. {asig. mar.) abandoned, derelict ~ temporar - temporarily abandoned abata v.t. (a exploata un zâcâmdnî} to work abataj s.f. 1. (loc) coal-face. stope, workings 2. (acţiune') mining. cutting, hewing 3. (al arborilor) felling 4. (al vitelor) slaughter abate v.t. 1. (din drnm) to turn oft7 aside/away, to divert, to deviate: to sheer, to v.'ander, 10 escape 2. (mar.} to steer off 3. (a/'boti) to fcll v.r. {de la} (dr.) to iniriiige, to vioîaie, to transgress abatere s.f. 1. tuming off/away, diverting, deviation 2. (dr.) infringe-ment, violation, transgression; trespass(ing) 3. {de la regulă) exception ~ de la datorie - breach ofduty ~ din drum - (niar.) deviation ~ disciplinară - misbehaviour, infraction ofdiscipline ~ medie - mean deviation ~ standard (concept statistic care indicâ...
Words: 33779 - Pages: 136
...INTRODUCTION TO THE LAW OF CONTRACT DEFINITION A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock: “A promise or set of promises which the law will enforce”. The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default. CLASSIFICATION Contracts may be divided into two broad classes: 1. Contracts by deed A deed is a formal legal document signed, witnessed and delivered to effect a conveyance or transfer of property or to create a legal obligation or contract. 2. Simple contracts Contracts which are not deeds are known as simple contracts. They are informal contracts and may be made in any way – in writing, orally or they may be implied from conduct. Another way of classifying contracts is according to whether they are “bilateral” or “unilateral”. 1. Bilateral contracts A bilateral contract is one where a promise by one party is exchanged for a promise by the other. The exchange of promises is enough to render them both enforceable. Thus in a contract for the sale of goods, the buyer promises to pay the price and the seller promises to deliver the goods. 2. Unilateral contracts A unilateral contract is one where one party promises to do something in return for an act of the other party, as opposed to a promise, eg, where...
Words: 54394 - Pages: 218
...China Fragile Superpower This page intentionally left blank Fragile Superpower Susan L. Shirk China 2007 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2007 by Susan L. Shirk Published by Oxford University Press, Inc. 198 Madison Avenue, New York, NY 10016 www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Shirk, Susan L. China: fragile superpower / by Susan L. Shirk. p. cm. Includes bibliographical references and index. ISBN 978-0-19-530609-5 1. Nationalism—China. 2. China—Politics and government—2002– I. Title. JC311.S525 2007 320.951—dc22 2006027998 135798642 Printed in the United States of America on acid-free paper For Sam, Lucy, and David Popkin This page intentionally left...
Words: 135807 - Pages: 544
...Indo-U.S. Relations in the Post Cold - War Period (1992-2006) By Debasish Nandi Supervisor : Dr. Abhijit Ghosh October, 2012 Thesis submitted in partial fulfillment to the Ph.D (Arts) Degree in Political Science Department of Political Science, The University of Burdwan, Golapbag, Burdwan, Pin - 713104, West Bengal, India. Content Page No. 1. Preface 2. Acknowledgement I-II III 3. Abbreviations IV-VI 4. Chapter - 1 : Introduction 1-10 5.Chapter - 2 : Indo-U.S. Relations in the Cold War Period 11-41 6.Chapter - 3 : Indo-US Diplomatic Ties in the Post- Cold War Period 42-79 7.Chapter - 4 : Indo-U.S. Economic, Technological and Scientific Co-operation 80-131 8.Chapter - 5 : 9/11 Incident: US Attitude towards Terrorism Vis-à-vis India and Pakistan 132-169 9.Chapter - 6 : India’s Nuclear Links with the USA 170-204 10. Chapter - 7 : Conclusion 205-214 11. Select Bibliography 215-237 Preface Indo-U.S. relations constitute important and influential relations in this world politics. It influences not only the U.S.-Pakistani and the Sino-Indian relations to a great extent; ‘Indo-U.S. relations in the post-Cold War period (1992-2006)’ has been the title of the present dissertation. Beginning against the back ground of the U.S.-Pakistani Arms Assistance Agreement of 1954, the Indo-U.S. relations had witnessed many ups and down in the following years. For example, there had been flourishes...
Words: 72424 - Pages: 290
