21 Enforcement of Maritime Claims
Francesco Berlingieri
From: The IMLI Manual on International Maritime Law: Volume II: Shipping Law
Edited By: David J Attard, Malgosia Fitzmaurice, Ignacio Arroyo, Norman Martinez, Elda Belja
- Subject(s):
- Seafarers — Nationality of ships — Straits
This chapter discusses the enforcement of maritime claims. According to the International Convention on Arrest of Ships, ‘maritime claim’ means any claim concerning or arising out of the ownership, construction, possession, management, operation, or trading of any ship. The chapter also answers four questions that arise in respect of the enforcement of maritime claims by means of the arrest of a ship: first, what must be the relationship between the person liable in respect of the claim and the ship at the time the claim has arisen; second, what must be the relationship between the person liable in respect of the claim and the ship at the time the claim is enforced; third, how the ship in respect of which the claim has arisen must be identified; fourth, whether ships other than that in respect of which the claim has arisen may be arrested.
