Special Legislative Rights

Special Legislative Rights in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of Special Legislative Rights, produced by Tetley, in the context of admiralty law: Rights which governments in most countries of the world have given themselves by national legislation to detain, seize and sell ships, and (often) to be preferred to other creditors on the proceeds of sale, in respect of claims for harbour, dock and canal dues; wreck removal; or pollution. Special legislative rights also increasingly include a governmental power of forfeiture of ships and/or other property for offences against national legislation on matters such as drug trafficking, fisheries control, customs, immigration, the arms trade and piracy. See Tetley, M.L.C., 2 Ed., 1998 at pp. 65-71; Tetley, Int’l. M. & A. L., 2003 at pp. 475-478.