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International Maritime Conventions Volume II: Navigation, Securities, Limitation of Liability

INDEX

INDEX

  • abandoned ships 292
  • accidental collision 15, 16
  • accidents or incidents of navigation other than collision 8–9, 40, 143–4, 256
  • agency fees, brokerages or commissions 297
  • air-cushion vehicles 356
  • Albania 279
  • allision 144
  • Amoco Cadiz accident 69, 90, 96
  • arbitration: arrest of vessels 248, 262, 265–7, 326; collision 20; salvage: interim payments 122–3; salvage: publication of awards 124–5
  • archaeological objects 81–3, 120
  • Argentina 219
  • arrest of sea-going ships: 1952 Convention 279; arrest, notion of 199–200, 231; burden of proof 221–3; charter by demise 227–32, 244–6; claims in respect of which ship may be arrested 209–23; (claims): agreement relating to use or hire of ship 212; (claims): bottomry 213; (claims): carriage of goods 212; (claims): construction, repair or equipment 216–17; (claims): damage caused by any ship 211; (claims): disputes between co-owners 218–20; (claims): dock charges and dues 217; (claims): general average 213; (claims): goods or materials whenever supplied 213–16; (claims): loss of life or personal injury 211–12; (claims): master’s disbursements 218; (claims): mortgage or hypothecation of any ship 220–1; (claims): pilotage 213; (claims): salvage 212; (claims): title to or ownership of any ship 218; (claims): towage 213; (claims): wages 41, 217–18; history 197–9; jurisdiction for arrest 246–58; jurisdiction on the merits 267–73; release of ship 232, 259–68; reservations 201–2; scope of application 71, 199–202; scope of application: excluded measures 202–9; ships that may be arrested 200, 223–46; (ships): claim by owner of chartered ship against charterer 233–9; (ships): not owned by person liable 226–32; (ships): re-arrest and multiple arrest 239–46; (ships): in respect of which claim has arisen or sister ship 223–6; wrongful arrest, liability of claimant for 267
  • arrest of ships: 1952 Convention see arrest of sea-going ships; collision and civil jurisdiction 34–5; Collision Convention 1910: extension of prescription period 26–7; law costs due to state 141; maritime liens 156, 161, 171, 172, 181–2, 226–7, 229, 230; salvage 122, 212, 289–90; seizure and 187–8, 202, 242–3
  • arrest of ships: 1999 Convention: arrest, notion of 280–2; burden of proof 314–15; claims in respect of which ship may be arrested 287–98; (claims): agreement relating to use or hire of ship 293; (claims): carriage of goods or passengers 293; (claims): co-owners 297; (claims): commissions, brokerages or agency fees 297; (claims): contract for sale of ship 298; (claims): disbursements 295–6; (claims): dues and charges 294–5; (claims): general average 293; (claims): good, materials, provisions, bunkers, equipment 294; (claims): insurance premiums 296; (claims): loss or damage caused by operation of ship 289; (claims): loss of life or personal injury 289; (claims): mortgages or hypothèques 298; (claims): ownership or possession 297; (claims): preventative measures to avoid pollution damage 290–2; (claims): (re)construction, repair, converting or equipping 294; (claims): salvage 173, 289–90; (claims): sunk, wrecked, stranded or abandoned ships 292; demise charterer 300–2; enforcement of arrest 315–16; excluded ships 283–7; history 274–9; intended navigation 282–3; jurisdiction for arrest 312–14; jurisdiction on the merits 323–6; layout and structure 280; nationality of ships that may be arrested 282; parties 279; recognition and enforcement of judgments 326–8; release of security 320–2; release of ship from arrest 316–20; sea-going or not 282–3; ships that may be arrested 299–311; (ships): associated ships 307–9; (ships): not owned by person liable 307; (ships): other ships owned by person liable 306; (ships): re-arrest and multiple arrest 309–11; (ships): in respect of which claim is asserted 299–306; wrongful arrest, liability for 322–3
  • assistance: obligation to render assistance to persons in danger 67–8, 88, 98; post-collision obligations 27–9, 41, 88
  • associated ships, arrest of 307–9
  • Australia 235–6, 237–8
  • Cameroon 279
  • Canada 260
  • cas fortuit: 1910 Collision Convention 15, 16
  • CEMAC (Communauté Economique et Monétaire de l’Afrique Centrale) 279
  • Central African Republic 279
  • certificates of competence to seamen 42
  • Chad 279
  • charges, registrable 166–7, 298, 302–3; see also mortgages: 1993 Convention
  • China 278, 279
  • choice of court agreements: collision 36
  • civil jurisdiction: collision 31–8
  • co-owners: arrest of ships and disputes between 218–20, 238, 258, 297–8
  • collective bargaining agreements 148
  • collision: 1910 Convention: accidents covered (collision need not have taken place) 7–8; apportionment of damages 5, 17–20; burden of proof 5, 12–13; death or personal injury 6, 19–21; formalities, absence of 5, 23–4; history 3–7; language, official 7; liability regime 12–23; limitation of liability 23, 30; limitation periods 25–7, 156–7; no liability conceivable 14–16; non-observation of regulations 8; obligations of contracting parties 29, 88; parties to 32; personal injury or loss of life 6, 19–21; pilots 19, 21–3; post-collision obligations 27–9, 41; presumptions, absence of legal 24–5; prior liability regimes 12; relation with other Conventions or national laws 30; scope of application 7–11, 32, 71; two or more ships at fault 17–19; unilateral fault 16–17
  • collision: civil jurisdiction (1952 Convention) 31; cases to which Convention does not apply 32–3; choice of court agreements 36; counterclaims 36–7; courts in which action may be brought 33–6; parties to 31; place of collision 35; prohibition on bringing further action 35–6; rules of procedure 36–8; scope of application 32
  • collision: penal jurisdiction (1952 Convention) 39; circumstances in which flag relevant 41–2; conflict with other Conventions 42–3, 256–7; nature of event 40; parties to 39; place where event occurred 41; position of persons involved 41; scope of application 39–41
  • collision: arrest of ships 211, 228–9, 230, 231, 269; maritime liens and indemnities for collision or other accident of navigation 143–4
  • Colombia 278, 279
  • commissions, brokerages or agency fees 297
  • Communauté Economique et Monétaire de l’Afrique Centrale (CEMAC) 279
  • conflict between Conventions 42–3, 147, 256–7
  • Congo 279
  • consent 181, 186, 187, 191, 192, 260; deregistration of vessels 169–70
  • containers/container ships 57, 60, 119–20, 143, 174, 215, 289, 294, 347, 376
  • corporate veil, piercing 307–9
  • Costa Concordia accident 61, 107, 377
  • court, payment into 260
  • crew 219–20; abandoned ship (by owners) 292; arrest of ships 41, 217–18, 220, 295; collision: 1910 Convention 11, 13, 23, 28, 41; collision: civil jurisdiction (1952 Convention) 33, 34; collision or other incidents of navigation: penal jurisdiction (1952 Convention) 41, 42; criminal proceedings 42; disciplinary proceedings 42; employment contract see separate entry; maritime liens 142, 144, 148, 152, 158, 172–3, 177–8, 182; salvage 52, 55–6, 59–60, 66–7, 71, 116
  • criminal jurisdiction: collision and other incidents of navigation (1952 Convention) 39–43, 257–8
  • cruise/passenger ships 142, 172, 377
  • cultural heritage, underwater 81–3, 120
  • Ecuador 278, 279
  • ejusdem generis 287, 317
  • employment contract: arrest of ships 41, 217–18, 220, 295; limitation of liability, claims excepted from 341, 342, 368–9; maritime liens 142, 148, 152, 158, 172–3, 177–8, 182; salvage: services rendered by crew of vessel in danger 55–6; salvors 116
  • environment: arrest of ships 291–3; detention of ships by governments or public authorities 205, 206, 208–9; salvage: protection of 85, 87, 88, 90, 91–2, 93, 94–8, 103–4, 109–14, 116, 118; see also pollution damage
  • Equatorial Guinea 279
  • Erika accident 98
  • European Union: collision and death or personal injury 21; detention of ships by governments or public authorities 206, 208–9; forced sale and change of registration 190; foreign order of arrest, enforcement of 251–2; jurisdiction 34; jurisdiction for arrest 251–2, 255, 256–7; oil tankers 208–9; salvage: places of refuge 107
  • exclusive economic zone 71; arrest of ships 206; wrecks 83–4
  • Gabon 280
  • gages 139
  • general average: arrest of ships 213, 228, 237–8, 293, 308; limitation of liability: 1957 Convention 177, 343; limitation of liability: 1976/1996 Convention 366; maritime liens 143, 150, 173, 177–8
  • Germany 33; maritime liens 144–5, 151, 152, 153–4
  • governments or public authorities: detention of ships by 203–9, 284–5
  • Greece 253
  • habitual residence or place of business: arrest 200–1, 244, 269, 283; collision 34
  • harbour/dock/port dues and charges 142, 149, 173–4, 217, 218, 294, 295
  • hazardous and noxious substances 104, 174, 209
  • health and safety: detention of ships by governments or public authorities 205, 206–7, 208; see also environment; pollution damage
  • heritage, underwater cultural 81–3, 120
  • High Speed Craft, International Code of Safety for (HSC Code) 207
  • historical objects 81–3, 120
  • history: 1910 Collision Convention 3–7; arrest of sea-going ships: 1952 Convention 197–9; arrest of ships: 1999 Convention 274–9; limitation of liability: 1957 Convention 331–3; limitation of liability: 1976/1996 Convention 353–4; maritime liens and mortgages: 1926 and 1993 Conventions 131–4, 162–4
  • Hong Kong 234
  • hotels 291
  • humanitarian cargoes: payment for salvage services 126–7
  • hypothecation 139, 220
  • hypothèques see mortgages
  • immunity of state-owned ships 9, 147, 165, 284
  • incidents or accidents of navigation other than collision 8–9, 40, 143–4, 256
  • indemnities: maritime liens 143–6
  • India 278
  • information: collision: 1910 Convention 28–9; maritime liens 160–1; notice of forced sale 184–6; publication of arbitral awards 124–5; registers open to public 167, 168; salvage 93, 124–5
  • inland navigation, ships of: arrest of ships 282–3; collision 8–9, 32; maritime liens and mortgages 135, 166; salvage 51–2
  • insolvency proceedings: arrest of ships 202–3, 285
  • insurance 173, 216, 278, 295, 296
  • interest: right of salvor to 124
  • interim payments: salvage 78, 122–3
  • International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) 208
  • International Ship and Port Facility Security Code (ISPS Code) 207
  • International Tribunal for the Law of the Sea 206
  • interpretation of treaties 228; ordinary meaning of terms 231
  • Italy 135–6, 140; arrest of ships 250, 252, 255; maritime liens 144, 161, 182; part-ownership of ship 219
  • joint and several liability 372; collision 5, 7, 19–21; salvage 65–6, 108–9, 121
  • jurisdiction: Admiralty Court 242; for arrest 246–58; collision: 1952 Convention on civil 31–8; collision or other incidents of navigation: 1952 Convention on penal 39–43; maritime liens and mortgages 165; on the merits 267–73; salvage 78; territorial waters 165
  • jurisdiction for arrest: 1952 Convention 246; after ship has sailed 251; authorised by judicial authority 246–8; authorised by judicial authority of contracting state in which arrest made 248–50; before arrival of ship 250–1; choice of judicial authority 252; exclusive jurisdiction: 1952 Convention on Penal Jurisdiction and UNCLOS 256–7; foreign court, arrest pursuant to order of 251–2; lis pendens 257–8; no jurisdiction on the merits and 253–4; ports form part of coast 249; ships ready to sail 249, 250; when court has jurisdiction on the merits but ship not within jurisdiction 254–5; when decision on the merits already obtained 255
  • jurisdiction for arrest: 1999 Convention 312–14
  • jurisdiction on the merits: 1952 Convention 267–73; jurisdiction for arrest when no 253–4
  • jurisdiction on the merits: 1999 Convention: exceptions to general rule 325; general rule 323–5; time by which proceedings on merits must be brought 325–6
  • Latvia 280
  • liability salvage, exclusion of 72–3
  • life, loss of: arrest of ship 211–12, 289; collision: 1910 Convention 6, 19–21; maritime liens 173, 177, 178
  • limitation of liability: 1957 Convention 154; arrest of ships 203; burden of proof 342, 343–4; claims where benefit of limitation applicable 337–41; collision caused by pilot: 1910 Convention 22–3; direct liability principle 341; excepted form limitation, claims 341–2; history 331–3; limitation fund, constitution of 347–8; limitation fund, distribution of 348–52; limits of liability 346–7; loss of right to limit 342–5; maritime liens 177–8, 334; persons entitled to limit 334–6; reservations allowed by Protocol of signature 352; scope of application 333–4; ships to which applicable 336; single and cross liability 341
  • limitation of liability: 1976/1996 Convention 154; aggregation of claims 380; arrest of ships 203, 285, 286; bar to other actions 385–7; claims where benefit of limitation applicable 362–6; collision caused by pilot: 1910 Convention 22–3; excepted from limitation, claims 366–9; history 354–5; intended navigation 282–3; invoking limitation of liability 380–5; limitation without constitution of fund 387–8; limits of liability 372–80; loss of right to limit 369–72; maritime liens 177–8; persons entitled to limit 360–1; reservations 388–90; scope of application 71, 354–60; scope of application: exclusions from 355–60; single liability principle 366
  • limitation periods: assistance 68; collision 25–7, 156–7; extension of 26–7, 158–9; maritime liens 155–9, 160, 161, 178–9, 181–2; salvage 68, 123–4
  • lis pendens 257–8
  • maritime liens: and arrest of ships 156, 161, 171, 172, 181–2, 226–7, 231, 278, 301, 302, 304–6; salvage: 1989 Convention 120–1
  • maritime liens: 1926 Convention 41; categories of claims secured by 140–5, 213–14, 215; countries in force in 134; droit de suite 146, 159–61; expenses incurred to preserve vessel or procure sale 141–2; extinction of 155–9; forced sale 141, 159; history 131–4; indemnities 143–6; language, official 134; law costs due to state 141; national 146, 160–1; properties on which can be enforced 147–51; ranking of claims inter se and in respect of hypothèques 146, 152–4; sale of vessel 141, 159–61; scope of application 134–8
  • maritime liens: 1993 Convention 295; bareboat registration 192; claims secured by 171–4; claims set out in Art_4(1) not secured by 174; droit de suite 178, 180–1; extinction of 178, 181–2; forced sale 169, 171, 175, 180, 181, 182, 183–90; history 162–4; national maritime liens and rights of retention 178–80; parties to 164; priorities, extent to which limitation proceedings may affect 177–8; priority of Convention maritime liens and of registered securities 175–6, 192; ranking inter se 176–7; rule pursuant to which maritime liens travel with claims 182–3; scope of application 165; vessels to which applies 165–6
  • misconduct of salvor, effect of 118–19
  • mortgages 279; arrest of ships 220–1, 260, 298, 302–3; extinction period for maritime liens 155, 157, 159
  • mortgages: 1926 Convention; countries in force in 134; forced sale 159; history 131–4; provisions on 138–40; ranking of claims secured by maritime liens inter se and in respect of hypothèques 146, 152–4; scope of application 134–8
  • mortgages: 1993 Convention; bareboat registration 190–3; change of registration of vessel 169–71; forced sale 167, 171, 183–90, 193; history 162–4; parties to 164; priorities, extent to which limitation proceedings may affect 177–8; priority of Convention maritime liens and of registered securities 175–6, 192; provisions of hypothèques, charges and 166–71; ranking of registered securities inter se 168–9; registrable charges 166–7; scope of application 165, 166–7; vessels to which applies 165–6
  • multiple arrest see re-arrest
  • P & I Club 279; letter of undertaking 260
  • passenger/cruise ships 142, 172, 379
  • penal arrest of ships 203
  • penal jurisdiction: collision and other incidents of navigation (1952 Convention) 39–43, 256–7
  • pension contributions 218
  • perpetuatio jurisdictionis 251
  • personal injury: arrest of ship 211–12, 289; collision: 1910 Convention 6, 19–21; maritime liens 173, 177, 178; maritime liens and indemnities for 144
  • Peru 278, 279
  • pilots/pilotage: arrest of ships 213, 238, 294; collision 19, 21–3; maritime liens and dues 142, 173–4; pollution damage 41; salvage 55
  • place of business or habitual residence: arrest 200–1, 244, 269, 283; collision 34
  • platforms 75, 76–7, 358
  • pollution damage 69, 174; CLC Convention 1992 41, 71, 84–5, 111–12, 209, 285–6; salvage: rights of coastal states 94–5; seaworthiness of vessels to avoid 205; see also environment
  • Port State Control: IMO Procedures for 205; Memorandum of Understanding (MoU) 204–5
  • port/harbour/dock dues and charges 142, 149, 173–4, 217, 218, 294, 295
  • ports/places of refuge 97–8, 106–7
  • possession of ship, arrest of ship in respect of disputes as to 237–8, 258, 297, 304
  • possessory liens 179, 180
  • posterior potior est priori 152
  • prescription periods see limitation periods
  • Prestige accident 98
  • presumptions, collision and absence of legal 24–5
  • pretius succedit in locum rei 150
  • public authorities 293; detention of ships by 203–9, 284–5; salvage operations controlled by 80–5
  • public service see state-owned ships
  • re-arrest and multiple arrest: 1952 Convention 238–9; prohibition of re-arrest 239–40; remedy in case of breach of prohibition 241; situations in which re-arrest permitted 241–6
  • re-arrest and multiple arrest: 1999 Convention 39–11
  • recognition and enforcement of judgments 326–8
  • refuge, ports/places of 97–8, 106–7
  • registrable charges 166–7, 298, 302–3; see also mortgages: 1993 Convention
  • registration 165; bareboat 190–3; change of 169–71, 180–1, 190; mortgages, hypothèques and charges 167, 168; see also nationality of ships
  • release of security: 1999 Arrest Convention 320–2
  • release for ship from arrest: 1952 Convention 232, 257–8; bail or other security 258–60; failure to bring timely proceedings on the merits 262–7; linkage between proceedings for arrest and proceedings on the merits 260–1
  • release for ship from arrest: 1999 Convention 316–20
  • repairers, ship 228; rights of retention 84, 162, 169, 176, 178, 179–80, 184, 186, 188, 294
  • res judicata 36
  • respondentia 139, 213, 220
  • retention, rights of 84, 162, 169, 176, 178, 179–80, 184, 186, 188, 294
  • Rhine River 32–3, 270
  • Roman law 150, 152, 154
  • Russian Federation 248, 279
  • safety and health: detention of ships by governments or public authorities 205, 206–7, 208; see also environment; pollution damage
  • sale of ship: arrest of ships and dispute arising out of contract for 299; forced sale see separate entry; maritime liens 159–61, 169, 178, 179; mortgages, hypothèques or charges 169–71
  • salvage: arrest of ship 122, 212, 229, 230, 231, 237, 269, 289–90; maritime liens 142–3, 150–1, 173, 177–8
  • salvage: 1989 Convention 69–70, 143, 368–9; abnormal amount of reward 87–8; assistance, duty to render 88, 98; claims and actions 120–7; cultural heritage 81–3, 120; danger, notion of 79–80; definition of property 75–6; definition of salvage 72–3, 143; definition of vessel 73–4; duties of owner and master 92–4; duties of salvor 90–2; excluded vessels or other property 76–9; geographical scope 71; humanitarian cargoes 126–7; interest 124; interim payments 122–3; liability salvage, exclusion of 72–3; limitations of actions 123–4; mandatory provisions 86, 87–9; maritime liens 120–1; non-mandatory provisions 86, 89; parties to 70; performance of salvage operations 90–8; provisions that do not concern relationship between salvors and owners 86, 89–90; public authorities, salvage operations controlled by 80–5; publication of arbitral awards 124–5; salvors, rights of see separate entry; scope of application 71–80; security, duty to provide 121–2; state-owned cargoes 125–6; states, rights and cooperation of 94–8; undue influence of danger 87
  • salvage and assistance: 1910 Convention 47–8, 143, 344; amount of remuneration 61–3; apportionment of remuneration 66–7; assistance to persons in danger, obligation to render 27, 67–8; burden of proof 63; by whom and to whom services may be rendered 52–7; challenging terms of salvage agreement 64–5; conditions for entitlement to remuneration 59–60; danger, notion of 59–60; from whom salvage remuneration is due 65–6; language 48; limitation of actions 68; nature of services 49; no remuneration due 63; persons, salvage of 62, 67; place 52; remuneration due to salvor 41, 57–67; scope of application 49–57; subject matter of services 49–52; ‘things on board’ 52, 57; useful result 60
  • salvors, rights of (1989 Convention) 88; apportionment between owner, master and crew 116; apportionment between salvors 115–16; by whom reward must be paid 108–9; conditions for reward 98–9; criteria for fixing reward 85, 88, 100–8; fair rate for equipment and personnel 112–14; misconduct of salvor, effect of 118–19; out-of-pocket expenses 112, 113; persons, salvage of 116–17; prohibition of salvage operations 119–20; SCOPIC Clause 114–15; services rendered under existing contracts 117–18; special compensation 109–14, 116–17, 143
  • SCOPIC Clause 114–15
  • sea-going ships: arrest of sea-going ships: 1952 Convention see separate entry; arrest of ships: 1999 Convention 282–3; collision: 1910 Convention 8–9, 11; collision: civil jurisdiction (1952 Convention) 32; limitation of liability: 1957 Convention 3386; limitation of liability: 1976/1996 Convention 358–9; maritime liens and mortgages: 1926 Convention 135; maritime liens and mortgages: 1993 Convention 165–6; meaning 9, 166, 336; salvage and assistance: 1910 Convention 51–2
  • seaworthiness of vessels 205
  • security 156, 182, 202, 203, 232; release of ship from arrest upon bail or other 258–60; salvage 120–2, 177
  • seizure and arrest 187–8, 202, 242–3
  • severance pay 218
  • shipbuilders: rights of retention 84, 162, 169, 176, 178, 179–80, 184, 186, 188, 294
  • Singapore 233
  • single ship companies 308
  • sister ship arrest provision 223–6, 233–7, 243, 244
  • Slovenia 251, 252, 255, 279
  • social insurance 172–3, 218, 295
  • solicitors 260
  • Spain 75, 219, 251, 252, 255
  • state-owned cargoes: salvage 125–6
  • state-owned ships 126, 284; collision 9; immunity 9, 147, 165, 284; maritime liens and mortgages 135, 147, 165; salvage 53–4, 77–9, 89
  • subrogation 182–3, 241, 283; objective 150
  • sunken ships 143, 175, 189, 212, 292, 339, 361; 1910 Salvage Convention 50; 1989 Salvage Convention 74, 75, 76, 107
  • Sweden 251, 252, 255
  • Switzerland 33

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