The Beijing Convention on the Judicial Sales of Ships

1. Auflage 2025
ISBN: 978-1-032-81454-4
Verlag: Taylor & Francis Ltd

Buch, Englisch, 352 Seiten, Format (B × H): 174 mm x 246 mm

Reihe: Maritime and Transport Law Library

Focusing solely on the UN Convention on the International Effects of Judicial Sales of Ships 2023 (the ‘Beijing Convention’), readers of this unique book will gain a full and detailed understanding of the way the Convention functions, its areas of difficulty and ambiguity, and how it relates to present law in common law and civilian jurisdictions, as well as to other related international conventions. It will directly enable States to be better informed in deciding whether or not to adopt the Convention.

Providing a full and detailed account of why the Beijing Convention was considered desirable, and the development of the Convention within the CMI and UNCITRAL, this edited book conveys to readers the philosophy and core principles of the Convention. It presents a detailed, expert analysis of the precise provisions of the Convention and an understanding of how the Convention relates to existing maritime jurisdictional traditions, namely Admiralty in the common law, ship arrest in civilian jurisdictions, and Admiralty in the USA. It identifies potential problem areas and offers a critical analysis of the role of the Convention in the face of growing digitalization and specialist platforms for the sale and purchase of ships. Readers will benefit from a reflective evaluation of the merits and deficiencies of the Convention.

As the Beijing Convention is currently a highly relevant topic to the international legal maritime world in all its aspects, governments, lawyers, academic institutions, students and the shipping industry generally will be directly interested in the content of this book. The subject is likely to retain its global relevance for many years as individual States consider whether they should ratify the Convention.

Zielgruppe

Academic, Postgraduate, and Professional Reference

Autoren/Hrsg.

Thomas, D. Rhidian

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales See-, Luft- und Weltraumrecht
• Rechtswissenschaften Wirtschaftsrecht Handels- und Gesellschaftsrecht Transport-, Fracht-, Speditions- und Seehandelsrecht
• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Zivilprozessrecht

Inhaltsverzeichnis

Foreword by Sir Nigel Teare, Preface, Chapter 1. The Evolution of the UN Convention on the International Effects of Judicial Sales of Ships (The Beijing Convention), Chapter 2. A Textual Analysis of the Beijing Convention, Chapter 3. The Beijing Convention on the Judicial Sale of Ships from a Comparative Law Perspective, Chapter 4. The Anglo-Common Law Approach to Foreign Judicial Ship Sales and the Beijing Convention, Chapter 5. Recognition of Foreign Judicial Ship Sales in the United States, Chapter 6. Online Sale of Ships: Prospects and Challenges, Appendix 1. U N Convention on the International effects of Judicial Sales of Ships (the Beijing Convention on the Judicial Sale of Ships), Appendix 2. Explanatory Note prepared by the UNCITRAL Secretariat, Appendix 3. International Convention Relating to the Arrest of Sea-going Ships 1952, Appendix 4. International Convention on Arrest of Ships 1999, Appendix 5. International Convention for the Unification of Certain Rules Relating to Maritime Liens and Mortgages (with Protocol of Signature) 1926, Appendix 6. International Convention for the Unification of Certain Rules Relating to Maritime Liens and Mortgages 1967, Appendix 7. International Convention on Maritime Liens and Mortgages 1993

Über Autor(innen)

D. Rhidian Thomas is Professor Emeritus of Maritime Law and Founder Director of the Institute of International Shipping and Trade Law at Swansea University, Wales, UK. He previously held academic positions at the University of Wales, Cardiff, and the University of East Anglia; and visiting positions at universities in Europe, Scandinavia, Far East and North America. He held the Francqui Chair at the University of Leuven in 2010/2011 and is the recipient of an honorary doctorate of law from the University of Gothenburg.

He is Editor-in-Chief of the Journal of International Maritime Law and member of the editorial boards of Shipping and Trade Law and Comparative Maritime Law. He is a member of the Comite Maritime International (and the International Standing Committee on Marine Insurance Law), the British Maritime Law Association, Chartered Institute of Arbitrators and an honorary member of the Croatian Maritime Law Association.

His principal teaching and research interests are in the fields of admiralty jurisdiction and practice, maritime and shipping law, marine insurance law, international trade law and commercial dispute resolution. He has written, edited and contributed to many books on a range of maritime and admiralty topics and commercial arbitration, and published widely in academic and professional journals.

He is a frequent speaker at conferences and seminars and also acts as an expert witness and consultant.