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Books > Law > International law > Private international law & conflict of laws
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The Arrest of Ships in Private International Law (Hardcover)
Loot Price: R6,735
Discovery Miles 67 350
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The Arrest of Ships in Private International Law (Hardcover)
Series: Oxford Private International Law Series
Expected to ship within 10 - 15 working days
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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.
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