A retenção de navios e seus efeitos : uma análise sob a ótica jurídica internacional

Abstract

The work addresses the issue of ship retention and its effects from an international perspective. Globalization and advances in international trade throughout history have culminated, in the last two centuries, in a recurrence of ship detentions and seizures. The commercial disagreement between merchants or the non-observance of the laws of each state, combined with the large flow of intercontinental transactions, culminated in an exponential increase in cases of detention of ships. In general, the detention of the ship not only implies losses to the shipowner and other agents related to the transaction carried out, but also implies serious damages to the states and crew members involved, unintentionally, in these cases. Such an approach is based on the known cases of detention of ships and the legislation adopted to resolve these cases at the international level. In order to examine these possibilities, as well as others addressed in the present work, descriptive research was carried out as to the objectives and bibliographic research as to the procedures, using the deductive method. The work was divided into three chapters. In the first chapter, the history of maritime navigation and international trade is addressed, contextualizing the evolution of international relations and their problems. In a continuous act, the second chapter conceptualizes and differentiates the ship and the agents involved in its operation, demonstrating their role in the chain of events related to the retention of the ship. In the third chapter, the withholding and its practical effects are dealt with, presenting series of cases of withholding due to bankruptcy, debts, irregular documentation and non-compliance with current legislation. Notwithstanding, a comparison of the current international legislation is carried out, presenting the legal solutions proposed and used to mitigate damages in the case of detention of ships.