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The recognition and enforcement of foreign maritime liens
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...
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| Format: | Thesis |
| Language: | English |
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Centre for Law and Society
2023
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| _version_ | 1867613312853737472 |
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| access_status_str | Open Access |
| author | Shapiro, Stephen Victor |
| author_browse | Shapiro, Stephen Victor |
| author_facet | Shapiro, Stephen Victor |
| author_sort | Shapiro, Stephen Victor |
| collection | Thesis |
| description | 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. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/38789 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:34:08.683Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Centre for Law and Society |
| publisherStr | Centre for Law and Society |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/38789 The recognition and enforcement of foreign maritime liens Shapiro, Stephen Victor Law 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. 2023-09-20T09:01:14Z 2023-09-20T09:01:14Z 1994 2023-09-20T09:00:52Z Master Thesis Masters LLM http://hdl.handle.net/11427/38789 eng application/pdf Centre for Law and Society Faculty of Law |
| spellingShingle | Law Shapiro, Stephen Victor The recognition and enforcement of foreign maritime liens |
| thesis_degree_str | Master's |
| title | The recognition and enforcement of foreign maritime liens |
| title_full | The recognition and enforcement of foreign maritime liens |
| title_fullStr | The recognition and enforcement of foreign maritime liens |
| title_full_unstemmed | The recognition and enforcement of foreign maritime liens |
| title_short | The recognition and enforcement of foreign maritime liens |
| title_sort | recognition and enforcement of foreign maritime liens |
| topic | Law |
| url | http://hdl.handle.net/11427/38789 |
| work_keys_str_mv | AT shapirostephenvictor therecognitionandenforcementofforeignmaritimeliens AT shapirostephenvictor recognitionandenforcementofforeignmaritimeliens |