Ship arrest

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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. [1] [2] 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. [3]

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: [4]

International Conventions

A number of international conventions have been entered into in relation to arrest of ships under maritime law. They include:

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<span class="mw-page-title-main">International Maritime Organization</span> Specialised agency of the United Nations

The International Maritime Organization is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference held in Geneva in 1948 and the IMO came into existence ten years later, meeting for the first time on 17 March 1958. Headquartered in London, United Kingdom, IMO currently has 175 Member States and three Associate Members.

<span class="mw-page-title-main">United Nations Convention on the Law of the Sea</span> International maritime law

The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. As of May 2023, 168 countries and the European Union are parties.

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.

<span class="mw-page-title-main">Shipwreck</span> Physical remains of a beached or sunk ship

A shipwreck is the wreckage of a ship that is located either beached on land or sunken to the bottom of a body of water. Shipwrecking may be intentional or unintentional. There were approximately three million shipwrecks worldwide as of January 1999, according to Angela Croome, a science writer and author who specialized in the history of underwater archaeology.

<span class="mw-page-title-main">MARPOL 73/78</span> International marine environmental convention

The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, or "MARPOL 73/78" is one of the most important international marine environmental conventions. It was developed by the International Maritime Organization with an objective to minimize pollution of the oceans and seas, including dumping, oil and air pollution.

<span class="mw-page-title-main">Flag of convenience</span> Registering a ship in a foreign country

Flag of convenience (FOC) is a business practice whereby a ship's owners register a merchant ship in a ship register of a country other than that of the ship's owners, and the ship flies the civil ensign of that country, called the flag state. The term is often used pejoratively, and although common, the practice is sometimes regarded as contentious.

The International Regulations for Preventing Collisions at Sea 1972 (COLREGs) are published by the International Maritime Organization (IMO) and set out, among other things, the "rules of the road" or navigation rules to be followed by ships and other vessels at sea to prevent collisions between two or more vessels. COLREGs can also refer to the specific political line that divides inland waterways, which are subject to their own navigation rules, and coastal waterways which are subject to international navigation rules. The COLREGs are derived from a multilateral treaty called the Convention on the International Regulations for Preventing Collisions at Sea.

The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime treaty which sets out minimum safety standards in the construction, equipment and operation of merchant ships. The International Maritime Organization convention requires signatory flag states to ensure that ships flagged by them comply with at least these standards.

<span class="mw-page-title-main">Coast Guard Administration (Taiwan)</span> Coast guard of Taiwan

The Coast Guard Administration of the Ocean Affairs Council, also known as the Taiwan Coast Guard or R.O.C. Coast Guard, is charged with maintaining law and order, protecting the resources of the territorial waters of the Republic of China (Taiwan), which surrounds Taiwan, Penghu, Kinmen, Matsu Islands, Green Island, Orchid Island, Pratas Island (Tungsha/Dongsha), and Nansha Islands as well as providing a first line of defense along coastal areas against smugglers and illegal immigrants. The CGA is considered a civilian law enforcement agency under the administration of the Ocean Affairs Council of the Executive Yuan, though during emergencies it may be incorporated as part of the Republic of China Armed Forces.

A marine surveyor is a person who inspects, surveys, or examines marine vessels in order to assess damage, inspect or monitor their condition and that of any cargo on board. Marine surveyors also inspect equipment intended for new or existing vessels to ensure compliance with various standards or specifications. Marine surveys typically include the structure, machinery and equipment and general condition of a vessel and/or cargo. They also involve judging materials on board and their condition. Though a largely unregulated profession, marine surveyors are generally trained specifically for the role and usually selected after thorough evaluation procedures. Their duties apply to a wide range of seafaring vessels.

<span class="mw-page-title-main">Detention (imprisonment)</span> Process whereby a state or private citizen lawfully holds a person, removing their freedom

Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area, either for interrogation or as punishment for a crime. An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily. They may also be detained for to prevent the spread of infectious diseases such as tuberculosis.

<span class="mw-page-title-main">Wiper (occupation)</span>

A wiper is a position responsible for both cleaning the engine spaces and machinery of a ship and assisting the ship's engineers as directed. Railroad workers who performed similar jobs were also known as wipers, or in the UK as "cleaners".

A maritime lien, in English and US law and elsewhere, is a specific aspect of admiralty law concerning a claim against a ship for services rendered to it or injury caused by it.

Affreightment is a legal term relating to shipping.

The law of salvage is a principle of maritime law whereby any person who helps recover another person's ship or cargo in peril at sea is entitled to a reward commensurate with the value of the property saved.

Rule B attachments are issued under Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure. Under that provision, the court is allowed to attach a defendant's property up to the value of the suit. Although these claims are filed during in personam actions, they are in rem in nature, as the Court is attaching property to the suit. This has been described as a "remedy quasi in rem."

In keeping with the Paris Principles definition of a child soldier, the Roméo Dallaire Child Soldiers Initiative defines a child pirate as any person below 18 years of age who is or who has been recruited or used by a pirate gang in any capacity, including children – boys and/or girls – used as gunmen in boarding parties, hostage guards, negotiators, ship captains, messengers, spies or for sexual purposes, whether at sea or on land. It does not only refer to a child who is taking or has taken a direct part in kinetic criminal operations.

In 1999, the final text of the International Convention on Arrest of Ships was concluded, and the Convention came into force on 14 September 2011.

<span class="mw-page-title-main">Ballast Water Management Convention</span>

The International Convention for the Control and Management of Ships' Ballast Water and Sediments is a 2004 international maritime treaty which requires signatory flag states to ensure that ships flagged by them comply with standards and procedures for the management and control of ships' ballast water and sediments. The Convention aims to prevent the spread of harmful aquatic organisms from one region to another and halt damage to the marine environment from ballast water discharge, by minimising the uptake and subsequent discharge of sediments and organisms. From 2024, all ships are required to have approved Ballast Water Management Treatment System, according to the D2 standard. Existing ships are required to install an approved system, which may cost up to 5 million USD per ship to install. To assist with implementation, the IMO has released 14 Guidance documents in regards to the Convention including the G2 Guidelines for Ballast Water Sampling, G4 Guidelines for Ballast Water management and G6 Guidelines for Ballast Water Exchange. As of 15 July 2021, 86 countries were contracting States to the BWM Convention.

International piracy law is international law that is meant to protect against piracy. Throughout history and legal precedents, pirates have been defined as hostis humani generis, Latin for "the enemy of all mankind". The United Nations has codified much of the law in the United Nations Convention on the Law of the Sea (UNCLOS), which defines different types of piracy and ways to combat it.

References

  1. "Ship Arrest Under Maritime Law: Reasons, Procedure, and Precautions". Marine Insight. 9 October 2019. Archived from the original on 4 January 2019. Retrieved 29 May 2020.
  2. "The Arrest Conventions: International Enforcement of Maritime Claims". Hart Publishing. 2019.
  3. Cheng, Eugene (3 April 2020). "Points to Consider if your Ship is Arrested". West of England. Archived from the original on 5 August 2020. Retrieved 5 August 2020.
  4. "HFW ARREST PACK" (PDF). Holman Fenwick Willan LLP. 1 April 2018. Retrieved 29 May 2020.