The recognition and enforcement of foreign maritime liens

Shapiro, Stephen Victor

The recognition and enforcement of foreign maritime liens

Master Thesis

1994

Abstract

The debate surrounding the recognition and enforcement of foreign maritime liens is one which has engaged maritime lawyers in almost all maritime jurisdictions for many years. The judicial pronouncement of the Privy Council in Bankers Trust International Ltd v Todd Shipyard Corporation: The Halcyon Isle 1 ("The Halcyon Isle") and the subsequent decision of the Appellate Division in South Africa in Transol Bunker BV v MV Andrico Unity & Others2 ("The Andrico Unity") to apply and follow the majority decision in The Halcyon Isle have been both widely criticised and supported, dividing into two camps the international legal maritime community. Locally, the debate has reached a point where as a consequence of the decision of the Appellate Division in The Andrico Unity, the Maritime Law Association of South Africa has agreed in principle that the Admiralty Jurisdiction Regulation Act3 should be amended so as to accord recognition in South Africa to foreign maritime liens, and to provide for the enforcement thereof in South Africa.

Keywords

Law

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