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The Beijing Convention on the Judicial Sales of Ships

CHAPTER 2


Page 13

A textual analysis of the Beijing Convention

D. Rhidian Thomas1

2.1 Introduction

2.1. In this chapter the primary objective is to scrutinise the drafting and potential interpretation of the Beijing Convention.2 The raison d’etre of the Convention has been described in the opening chapter.3 In brief, it is to ensure that purchasers of ships under judicial sales acquire a title free of all encumbrances, in accordance with the intention of the sale.4 Whether this declared goal has been successfully achieved depends not only on the structural formulation of the Convention but the skill of the draftsman in clothing the framework in appropriate and unequivocal language. This is not a straightforward task with the necessary skills not always appreciated.5

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