| The associated ship arrest system has become the focus in legal field, because the scope of ships that can be arrested based hereon is far broader than that of prescribed in the 1952 Arrest Convention. Its causes of existence and its essence are particularly unique. With a superior geographical position, South Africa representatively put this unique arrest system into practice. In recent years, ships in the ownership of the state-owned enterprises of China were arrested many times in South Africa, being regarded as"associated ships", which has brought a shock to the shipping business of China. Taking the associated ship arrest system in South Africa for instance, basing on the provisions of Admiralty Jurisdiction Regulation Act, 1983, combining with the particular cases, the concept and essence of the arrest system have been explicitly narrated in this paper; and influences of the arrest system towards state-owned enterprises in China been discussed, followed with measures suggested to tackle the influences.Particularly, the paper has been divided into five chapters.In the fist to third chapter, the concept, scope, essence and causes of existence of the associated ship arrest system have been analyzed. Cases of the"I Congreso del Partido"and the"Heavy Metal"are cited to illustrate"own"and"control"as the core of this arrest system. Finally, the contents of maritime claim and action in rem are demonstrated to show its uniqueness.The fourth chapter is on the influences of the associated ship arrest system toward the state-owned enterprises in China. Cases of"Le Cong" and"Heng Yu"are quoted to illustrate that ships in the ownership of the state-owned enterprises should not be regarded as"associated ships"by the courts of South Africa. Points to defense are listed as well.Measures taken by the state-owned enterprises of China to tackle the existing influences are suggested in the fifth chapter. Measures are put forward from the aspects of legal, diplomatic and systematic adjustment of the state-owned enterprises. |
