Arrest of ships in the legislation of Arctic region countries: the USA and Canada

Abstract

In connection with the development of international shipping, the arrest of seagoing ships is becoming even more important from a political and economic point of view. The arrest of the vessel, the cost of its maintenance in a foreign port, penalties, lack of cargo turnover lead to economic losses of tens of thousands of dollars a day. The arrest of the ship attracts the attention of state bodies and direct participants in the maritime enterprises, which should include shipowners, insurers, and charterers. In connection with the precedents of violations and unjustified arrests of courts, legal issues are becoming increasingly important. The legal procedure related to the arrest of a vessel is one of the most complex areas of the law of the sea. The law of the sea is usually divided into the international public law and the international private law. At the same time, public law is regulated by the UN Convention on the Law of the Sea. A large number of international declarations devoted to the relationship of states at sea. A special International Tribunal for the Law of the Sea has been created, the competence of which includes issues in the field of shipping. However, we hear again and again in the news about the arrest of ships and the problems of crew members arising in connection with this. As part of this work, an analysis was made of the current legislation of the countries of the Arctic region regarding the arrest of ships. A comparative legal method of scientific research was applied in the work; the following countries were considered: the USA and Canada. The features and practice of the application of the law in North American countries, their similarities and differences are shown. Legal analysis showed that in the United States and Canada there is no uniform approach to the procedure and the grounds for the arrest of seagoing ships. According to the results of the study, legal norms and grounds were established, within the framework of which the vessel can be arrested while in territorial sea, the exclusive economic zone or in the ports of these countries. Based on the analysis, it was concluded that, in international practice, it would be expedient to unite the provisions of the three conventions regarding the arrest of seagoing ships, and by unifying maritime requirements, develop a unified Convention on the arrest of seagoing ships.