Date of Award
2012
Document Type
Dissertation
Degree Name
Master of Science in Maritime Affairs
Specialization
Maritime Law & Policy
Campus
Malmö, Sweden
Country
Philippines
First Advisor
Mejia, Maximo Q., Jr.
Abstract
This dissertation discusses the implications of mortgage on bareboat charter registration with respect to the parties involved, hence, the Mortgagor, the Mortgagee, the Charterer and the Flag state. There are no certain international laws establishing the treatment of the rights of the parties to a defaulted mortgage on a bareboat charter registration. This paper provides an analysis of the current international conventions available for reference and of the application of laws by different jurisdictions on how such issues have been tackled. This paper provides an update on the current status of bareboat charter registration in the Philippines having its international registry primarily geared towards bareboat charter registration. This paper digs into current laws on other well-established bareboat charter registration programs such as those in Antigua and Barbuda and United Kingdom. In addition, this paper examines the laws of Zanzibar, a newly opened registry, which is considering bareboat charter registration. Actual data from Antigua and Barbuda and the Philippine maritime administrations are gathered for analysis as these data draw a clear picture of the current status of the impact of bareboat registration vis-à-vis the general ship registration regime in these states. Numerous books and articles are used to elucidate relevant legal principles and concepts. International conventions are scrutinized to determine the appropriate laws applicable to the subject. The maritime legislation of certain states is compared for analysis of the viability of the subject matter to those states. Finally, a selection of case law is examined to substantiate the dissertation’s conclusions.