Eval­u­ation of the United Na­tions (Beijing) Con­ven­tion on the In­ter­na­tion­al Ef­fects of the Ju­di­cial Sale of Ships within the Frame­work of Private In­ter­na­tion­al Law

De­vel­op­ment sum­mary

The art­icle ad­dresses the arrest of ships in the ter­rit­ori­al waters of an­oth­er state on the basis of a mari­time lien or mari­time claim, and the sub­sequent ju­di­cial sale of the ship if the arrest is not lifted. It eval­u­ates the United Na­tions (Beijing) Con­ven­tion from the stand­point of private in­ter­na­tion­al law, fo­cus­ing on the law gov­ern­ing trans­fer of title, the new owner’s legal po­s­i­tion in the flag state and the ef­fects of the sale de­cision there; the text notes that the Con­ven­tion has been signed by 33 states and the European Union and is ex­pec­ted to enter into force in the near future.