Примеры использования Right of arrest на Английском языке и их переводы на Русский язык
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Colloquial
Exercise of right of arrest.
Article 1 of the Convention provides for a list of maritime claims which give rise to a right of arrest.
Exercise of right of arrest.
Another important issue which had given rise to a lengthy debate was article 3,dealing with the exercise of the right of arrest.
Paragraph 2- Right of arrest of other ships.
Article 3: Exercise of right of arrest.
Paragraphs 1(e)(ii) and 2(b), dealing with the right of arrest for claims not secured by a maritime lien for which the demise charterer and time charterer were personally liable, are placed in brackets.
He considered that specific provisions were required to secure suppliers with the right of arrest in such circumstances.
Such claims, however, would give rise to a right of arrest under Article 3, paragraph(4) of the Arrest Convention.
The Sessional Group considered the three alternative texts for Article 3, paragraph 1,relating to the exercise of the right of arrest.
Whether it was deemed appropriate to limit the right of arrest in respect of claims not secured by maritime liens to a ship owned by the person liable;
It should be considered whether rights of the holders of such national liens need protection by allowing them the right of arrest for their claims.
However, if there is a wish to seek a compromise, ICS would be prepared to accept a right of arrest in respect of maritime claims secured by MLM article 6“other maritime liens”.
Since under the 1993 MLM convention(as well as under the previous Conventions) registration is a condition for the recognition and enforcement of mortgages,“hypothèques” and charges,it is suggested that the same should hold for the right of arrest.
However, article 3(2)of the draft articles could be interpreted in such a way as to limit the right of arrest and to prohibit piercing of the corporate veil.
This“Ratio Legis” is applicable in all branches of the right of arrest andrecognized in the 1952 Arrest Convention which grants any maritime claimant the right of arrest until paid in full, against the asset value of the ship.
This will particularly apply where States have granted maritime liens under the terms allowed by article 6 of the 1993 MLM Convention andmean that in some countries a creditor has a right of arrest and in others not.
With regard to claims secured by a"maritime lien",a number of delegations felt that the right of arrest under the Convention should only be given to those claims covered under article 4 of the 1993 MLM Convention and not under article 6.
The wording of article 8(2) did not make it clear whether the whole of the provisions of the Convention were to apply to ships of non-contracting States, oronly article 1 providing for right of arrest in respect of maritime claims.
ICS would be even more strenuously opposed to an open-ended list should the proposal to allow a right of arrest in respect of claims secured by non-internationally recognized maritime liens be accepted see article 3, paragraph 2 b.
It covers, inter alia, the following subjects: general theory of fundamental freedoms and human rights, constitutional protection of human rights, legal protection, code of civil rights, collective rights, the right of arrest and the rights of detainees.
The observer for the CMI said that Article 8,paragraph 2, of the 1952 Convention extended the right of arrest in respect of maritime claims also to ships flying the flag of a non-contracting State but did not extend to these ships the benefit granted by Article 2.
Whether, on the assumption that the right of arrest of a ship not owned by the person liable is limited to claims secured by maritime liens, such liens should only be those recognized by the Maritime Liens and Mortgages Convention, or also include the national maritime liens under the applicable law;
It is not, however, clear from the terminology used whether all the provisions of the Convention, except Article 2(i.e.,limiting right of arrest only to maritime claims), are to apply to ships of non-Contracting States, or whether it is only the right of arrest in respect of maritime claims and not the whole Convention, which is to apply to such ships.
Even though there is, according to the Draft Rules,a link between the right of arrest and jurisdiction, because the Courts of the State in which the arrest is made have jurisdiction on the merits of the claim(Article 7), the main purpose of the uniform rules is to regulate the right of the claimant to obtain security for his claim.
The compromise reached between the common law approach, which restricts the right of arrest, and the civil law approach, according to which arrest is permissible of any asset of the debtor as security for any claim, consisted- andmust consist even in the future- in limiting the right of arrest of a ship to claims of a maritime nature but not to certain maritime claims only.
To allow arrest in respect of claims secured by national maritime liens would lead to considerably increased rights of arrest.
Before the Constitution was adopted, the rights of arrested and detained persons were determined by the Criminal(CC) and Criminal Procedure(CPC) Codes which contain many provisions dating from the Soviet period.
The Bill of Rights provides for the right to personal liberty including the rights of arrested and detained persons.
As discussed above,section 35 of the Constitution sets out in detail the rights of arrested, detained and accused persons.