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Vol 21 No 3 March/April 2016

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The Arrest of Ships in Private International Law


ISBN13: 9780199581351
Published: November 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £117.50



Low stock.

By providing a private international law analysis of a field in which international conventions coexist with national law and regional law, this book offers different theoretical and methodological insights into the conflict of laws and the conflict of jurisdictions, aiming ultimately at the juridical continuity of legal relations across national borders.

Central to the book is the jurisdictional function of arrest of ships. Forum arresti--the paradigmatic forum selection criterion in English and Scots law--has survived so far as a specific jurisdictional basis for maritime claims in the process of Europeanization of private international law. One of the main purposes of this book is to provide a theoretical framework within which forum arresti in the case of the arrest of ships gains legitimacy.

It proposes a positive approach to jurisdictional issues through the lenses of international judicial co-operation and provides a theoretical justification for the triumph of forum arresti in the international maritime context where traditionally this has been justified by historical and practical reasons.

Considering the the topic in the context of the Europeanization of private international law and the Brussels I Regulation, this book includes valuable insight into theories of characterisation as applied to uniform provisions such as the International Arrest Conventions, and challenges the indistinctive characterisation of the arrest of ships as an inherent part of the action in rem in English law.

This is a scholarly analysis offering an expert perspective on the arrest of ships in the international commercial sphere to draw conclusions on the advancement of further harmonisation in this field. Through its focus on English and Scots law in the light of international conventions, this book provides a framework which will give practical answers to the many complex private international law issues that arise in relation to the arrest of ships.

Subjects:
Shipping, Transport and Maritime Law, Conflict of Laws
Contents:
1: Introduction
Part I The Arrest of Ships as a Provisional and Protective Measure
2: Arrest of Ships in International Commercial Litigation
3: Arrest of Ships in the International Conventions
4: Ship Arrest in England
5: Arrestment of Ships in Scotland

Part II The Arrest of Ships in Private International Law
6: Arrest of Ships, Security, and Applicable Law
7: Arrest of Ships and Jurisdiction
8: Arrest of Ships, Judicial Cooperation, and the Recognition and Enforcement of Foreign Judgments
9: Conclusion;

Series: Oxford Private International Law

The Hague Convention on International Child Abduction 2nd ed ISBN 9780199590346
To be published June 2017
Oxford University Press
£95.00
Hagues Securities Convention ISBN 9780199211999
To be published May 2017
Oxford University Press
£155.00
Freedom of Establishment and Private International Law for Corporations ISBN 9780199698042
Published March 2012
Oxford University Press
£117.50
£91.67 + £18.33 VAT
(ePub)
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Substance and Procedure in Private International Law (eBook) ISBN 9780191629365
Published March 2012
Oxford University Press
£106.25 + £21.25 VAT
(ePub)
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Substance and Procedure in Private International Law ISBN 9780199532797
Published March 2012
Oxford University Press
£137.50
Employment Contracts In Private International Law (eBook) ISBN 9780191632075
Published November 2011
Oxford University Press
£91.67 + £18.33 VAT
(ePub)
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Employment Contracts In Private International Law ISBN 9780199591046
Published November 2011
Oxford University Press
£115.00
Intellectual Property and Private International Law 2nd ed ISBN 9780199556588
Published February 2011
Oxford University Press
£235.00
The Anti-Suit Injunction with 1st Supplement ISBN 9780199589807
Published November 2010
Oxford University Press
£187.50
The Anti-Suit Injunction Updating Supplement ISBN 9780199588473
Published November 2010
Oxford University Press
£49.49
Cross-Border Divorce Law: Brussels II Bis ISBN 9780199581191
Published October 2010
Oxford University Press
£135.00
The Anti-Suit Injunction ISBN 9780199287321
Published October 2008
Oxford University Press
Out of print
Cross-Border Consumer Contracts ISBN 9780199276547
Published September 2008
Oxford University Press
£135.00
Agreements on Jurisdiction and Choice of Law ISBN 9780199282302
Published March 2008
Oxford University Press
£230.00
Civil Jurisdiction Rules of the EU and their Impact on Third States ISBN 9780199228577
Published January 2008
Oxford University Press
£122.50
Conflict of Laws Within the UK ISBN 9780199202454
Published October 2007
Oxford University Press
£112.50
Insolvency in Private International Law: 1st Supplement to 2nd ed ISBN 9780199288731
Published March 2007
Oxford University Press
£33.49
Insolvency in Private International Law 2nd ed with 1st Supplement ISBN 9780199214952
Published March 2007
Oxford University Press
£225.00
The Transfer of Property in the Conflict of Laws ISBN 9780199271474
Published October 2005
Oxford University Press
£117.50
International Sale of Goods in the Conflict of Laws ISBN 9780199244690
Published January 2005
Oxford University Press
£310.00
Choice of Law for Equitable Doctrines ISBN 9780199274925
Published September 2004
Oxford University Press
£127.50
Procedural Law in International Arbitration ISBN 9780199249480
Published March 2004
Oxford University Press
£127.50
Foreign Law in Civil Litigation: A Comparative and Functional Analysis ISBN 9780199264766
Published January 2004
Oxford University Press
£145.00
Forum Shopping and Venue in Transnational Litigation ISBN 9780199248186
Published June 2003
Oxford University Press
£117.50
Shares and Other Securities in the Conflict of Laws ISBN 9780199256136
Published March 2003
Oxford University Press
£127.50
Cross-border Enforcement of Patent Rights ISBN 9780199249695
Published September 2002
Oxford University Press
£112.50
Res Judicata, Estoppel and Foreign Judgments ISBN 9780199243396
Published March 2002
Oxford University Press
£105.00
Corporations in Private International Law ISBN 9780198299257
Published March 2002
Oxford University Press
£122.50
Enforcement of Judgments in Europe ISBN 9780198298199
Published September 2001
Oxford University Press
£127.50
Claims for Contribution and Reimbursement in an International Context ISBN 9780198268963
Published October 2000
Oxford University Press
£117.50
The Hague Convention on International Child Abduction ISBN 9780198260646
Published September 1999
Oxford University Press
£127.50
Autonomy in International Contracts ISBN 9780198262701
Published March 1999
Oxford University Press
£112.50
Foreign Law in English Courts: Pleading, Proof and Choice of Law ISBN 9780198258780
Published June 1998
Oxford University Press
£120.00
Declining Jurisdiction in Private International Law ISBN 9780198259596
Published August 1995
Oxford University Press
£127.50