{"id":{"repo_id":"cape-town","oai_identifier":"oai:open.uct.ac.za:11427/38789"},"canonical_url":"https://search.dev.ndltd.org/etd/cape-town/oai:open.uct.ac.za:11427/38789","repository":{"repo_id":"cape-town","name":"University of Cape Town","base_url":"https://open.uct.ac.za/oai/request"},"display":{"title":"The recognition and enforcement of foreign maritime liens","abstract":"The debate surrounding the recognition and enforcement of foreign maritime liens is one which has engaged maritime lawyers in almost all maritime jurisdictions for many years. The judicial pronouncement of the Privy Council in Bankers Trust International Ltd v Todd Shipyard Corporation: The Halcyon Isle 1 (\"The Halcyon Isle\") and the subsequent decision of the Appellate Division in South Africa in Transol Bunker BV v MV Andrico Unity & Others2 (\"The Andrico Unity\") to apply and follow the majority decision in The Halcyon Isle have been both widely criticised and supported, dividing into two camps the international legal maritime community. Locally, the debate has reached a point where as a consequence of the decision of the Appellate Division in The Andrico Unity, the Maritime Law Association of South Africa has agreed in principle that the Admiralty Jurisdiction Regulation Act3 should be amended so as to accord recognition in South Africa to foreign maritime liens, and to provide for the enforcement thereof in South Africa.","abstract_html":"The debate surrounding the recognition and enforcement of foreign maritime liens is one which has engaged maritime lawyers in almost all maritime jurisdictions for many years. The judicial pronouncement of the Privy Council in Bankers Trust International Ltd v Todd Shipyard Corporation: The Halcyon Isle 1 ("The Halcyon Isle") and the subsequent decision of the Appellate Division in South Africa in Transol Bunker BV v MV Andrico Unity & Others2 ("The Andrico Unity") to apply and follow the majority decision in The Halcyon Isle have been both widely criticised and supported, dividing into two camps the international legal maritime community. Locally, the debate has reached a point where as a consequence of the decision of the Appellate Division in The Andrico Unity, the Maritime Law Association of South Africa has agreed in principle that the Admiralty Jurisdiction Regulation Act3 should be amended so as to accord recognition in South Africa to foreign maritime liens, and to provide for the enforcement thereof in South Africa.","abstract_has_math":false,"creators":["Shapiro, Stephen Victor"],"institution":"Centre for Law and Society","degree_name":null,"degree_level":null,"degree_discipline":null,"degree_department":null,"school":null,"contributors":[],"advisors":[],"committee_chairs":[],"committee_members":[],"year":1994,"date_issued":"1994","date_published":"1994","updated_at":"2026-07-22T22:23:22Z","subjects":["Law"],"languages":[],"rights":[],"rights_urls":[],"identifier_entries":[]},"links":{"outbound_url":"http://hdl.handle.net/11427/38789","outbound_label":"Handle","outbound_source":"dc:identifier.uri"},"metadata_groups":[{"id":"people","label":"People","entries":[{"key":"dc:creator","label":"Author","values":["Shapiro, Stephen Victor"]}]},{"id":"academic_context","label":"Academic Context","entries":[{"key":"dc:date.accessioned","label":"Dc Date Accessioned","values":["2023-09-20T09:01:14Z"]},{"key":"dc:date.available","label":"Dc Date Available","values":["2023-09-20T09:01:14Z"]},{"key":"dc:date.issued","label":"Date","values":["1994"]},{"key":"dc:publisher.department","label":"Dc Publisher Department","values":["Centre for Law and Society"]},{"key":"dc:type","label":"Dc Type","values":["Master Thesis"]},{"key":"dc:type.qualificationlevel","label":"Dc Type Qualificationlevel","values":["Masters","LLM"]}]},{"id":"subjects_keywords","label":"Subjects and Keywords","entries":[{"key":"dc:subject","label":"Dc Subject","values":["Law"]}]},{"id":"identifiers","label":"Identifiers","entries":[{"key":"dc:identifier.uri","label":"Identifier URI","values":["http://hdl.handle.net/11427/38789"]}]},{"id":"additional","label":"Additional Metadata","entries":[{"key":"dc:description.abstract","label":"Abstract","values":["The debate surrounding the recognition and enforcement of foreign maritime liens is one which has engaged maritime lawyers in almost all maritime jurisdictions for many years. The judicial pronouncement of the Privy Council in Bankers Trust International Ltd v Todd Shipyard Corporation: The Halcyon Isle 1 (\"The Halcyon Isle\") and the subsequent decision of the Appellate Division in South Africa in Transol Bunker BV v MV Andrico Unity & Others2 (\"The Andrico Unity\") to apply and follow the majority decision in The Halcyon Isle have been both widely criticised and supported, dividing into two camps the international legal maritime community. Locally, the debate has reached a point where as a consequence of the decision of the Appellate Division in The Andrico Unity, the Maritime Law Association of South Africa has agreed in principle that the Admiralty Jurisdiction Regulation Act3 should be amended so as to accord recognition in South Africa to foreign maritime liens, and to provide for the enforcement thereof in South Africa."]},{"key":"dc:title","label":"Title","values":["The recognition and enforcement of foreign maritime liens"]}]}],"canonical_facts":{"dc:creator":["Shapiro, Stephen Victor"],"dc:date.accessioned":["2023-09-20T09:01:14Z"],"dc:date.available":["2023-09-20T09:01:14Z"],"dc:date.issued":["1994"],"dc:description.abstract":["The debate surrounding the recognition and enforcement of foreign maritime liens is one which has engaged maritime lawyers in almost all maritime jurisdictions for many years. The judicial pronouncement of the Privy Council in Bankers Trust International Ltd v Todd Shipyard Corporation: The Halcyon Isle 1 (\"The Halcyon Isle\") and the subsequent decision of the Appellate Division in South Africa in Transol Bunker BV v MV Andrico Unity & Others2 (\"The Andrico Unity\") to apply and follow the majority decision in The Halcyon Isle have been both widely criticised and supported, dividing into two camps the international legal maritime community. Locally, the debate has reached a point where as a consequence of the decision of the Appellate Division in The Andrico Unity, the Maritime Law Association of South Africa has agreed in principle that the Admiralty Jurisdiction Regulation Act3 should be amended so as to accord recognition in South Africa to foreign maritime liens, and to provide for the enforcement thereof in South Africa."],"dc:identifier.uri":["http://hdl.handle.net/11427/38789"],"dc:publisher.department":["Centre for Law and Society"],"dc:subject":["Law"],"dc:title":["The recognition and enforcement of foreign maritime liens"],"dc:type":["Master Thesis"],"dc:type.qualificationlevel":["Masters","LLM"]},"updated_at":"2026-07-22T22:23:22Z"}