Presenter: Ashwin Nair, MPhil Candidate, TC Beirne School of Law

The proposed thesis will undertake a comprehensive examination of the concept of a maritime lien, its origins and development, and its current reception in major legal jurisdictions (with emphasis on the common law jurisdictions of Australia, England, and the USA). It will seek to demonstrate that the concept’s theoretical underpinnings are based on legal and policy considerations that are arguably outdated and not relevant today. It seeks to formulate a recalibrated theoretical basis of a maritime lien upon a rights-based framework that accords with modern legal and policy considerations.

This framework will then be applied to the resolution of two difficult aspects of the modern contest of recognition concerning maritime liens between competing creditors and debtors. The two aspects the focus of this thesis are transferability and the recognition of foreign maritime liens.

Contact: Claire Ritchie, c.ritchie@law.uq.edu.au 

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