The law of jurisdiction in rem and arrest of ships in various jurisdictions ; the trends, deficiencies and positive aspects

Abstract

Throughout this thesis I will be analysing the position relating to jurisdiction in rem and arrest of vessels under the laws of various jurisdictions, whilst also outlining the position under Maltese law. After due consideration is given to these various regimes, the shortcomings under local law will be highlighted and proposals for amendment put forward. In order to give my findings and recommendations a scientific basis, I have drafted a questionnaire which was submitted to a hundred and forty advocates and other persons practising in the maritime industry in Malta, with the aim of getting their feedback on this aspect as to state of affairs under present Maltese law. Out of all the questionnaires submitted, fifteen were returned duly completed, where a number of useful comments and recommendations were included. I would like to point out, that the said questionnaire was submitted before the diplomatic conference on arrest of ships was held, on the 1 March 1999 and thus did not include any reference to the changes made consequent to the finalisation of the Arrest Convention ( 1999).