Maritime liens in the Geneva Convention and in the perspective of the new Spanish Navigation Act.

• Autores: José M. Alcántara
• Localización: New trends in Maritime Law: Maritime liens, arrest of ships, mortgages and forced sale / Olga Fotinopoulou Basurko (dir.), José Manuel Martín Osante (dir.), 2017, ISBN 978-84-9152-773-2, págs. 79-90
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • The MLM93 Convention was intended to play together with the ensuing Arrest 99 Convention according to the coordination sought by the JIGE in Geneva. The plan was not entirely successful. The loopholes are analyzed here. Thence, the risks for the ratifying States to move along with the two Conventions without adding more gaps to the international scheme.

    Spain has adopted the MLM93 in April 2004 ten years therafter it passed a domestic, namely, the Sea Navigation Act 2014 whereby the MLM93 was to undergo certain variations, which will be described here, in potential conflict with the Convention and also to disadjutstment with the Arrest 99, also adopted latterly. The position regarding the interplay between the MLM93 and Arrest 99 may have been twisted further by the changes introduced domestically by Spain, no matter the fact that by virtue of the Spanish Constitution 1978 and also by the very Sea Navigation Act 2014 the MLM93 is to prevail.