Maritime liens : position under Maltese law

Abstract

This study is motivated by the fact that in Maltese Law we find no reference to the concept of Maritime liens except for a few indirect references in jurisprudence and reference to the possessory lien in favour of the ship repairer found in the Merchant Shipping Act. In Chapter 1 of this thesis the reader shall be introduced to the concept of maritime liens and its development through the ages. An analysis of the maritime lien will be made under the common law. This is pertinent since Maltese courts make reference to the common law position in case of a lacuna under Maltese law. The second chapter of this thesis shall tackle the position of maritime liens in the United States of America, South Africa and France with a brief reference to the position in Australia. Chapter 3 shall deal with three conventions, which aim to facilitate ship financing by providing harmonisation in the areas of ship security, enforcement and judicial sales. These are the Maritime Liens and Mortgages Convention 1993, the Arrest of Ships Convention 1952 and the draft Convention on the Recognition of the Foreign Judicial Sale of Ships, 2014. The situation in Malta is found in Chapter 4 of this thesis. The author will analyse the provisions dealing with the maritime privileges found in the Merchant Shipping Act and compare such privileges to the maritime liens provided in the 1993 convention. Subsequently reference to Maltese jurisprudence in relation to maritime liens is made in order to understand the stance of the Maltese courts vis-à-vis maritime liens. Final conclusions will provide a recap of the important considerations made throughout the thesis together with final recommendations.