international Maritime Policy dissertation proposal – GradSchoolPapers.com

Order Description
Pursuant to the s.15 of the Admiralty Act 1988 (Cth), only four types of claims are recognised as having a status of maritime liens: (a) salvage; (b) damage done by a ship; (c) wages of the
master, or of a member of the crew, of a ship; (d) master’s disbursements. Claims which are recognised as maritime liens have certain privileges, including such liens survive a bona fide change of
ownership of the ship and have high priority (over the mortgagee) in the distribution of funds from the proceeds of sale of a ship. However, a problem arises when, for example, an American bunker
supplier, where under the U.S law, has a maritime lien from its service, wants to assert its right before a court in Australia. The Full Court of the Federal Court of Australia in the recent case
of The Ship “Sam Hawk” v Reiter Petroleum Inc [2016] FCAFC 26, by the bare majority, refused to recognise such a foreign right as having a maritime lien enforceable as such in Australia.
Write an essay research that analyses the problems of recognition and enforcement of foreign maritime liens from the private international law as well as the comparative law perspectives.

 
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