What is the scope of the International Convention on Maritime Liens and Mortgages?
The International Convention on Maritime Liens and Mortgages (ICMLM) is an international treaty designed to facilitate the creation of maritime liens and mortgages while minimizing conflicts between different legal systems. The ICMLM applies to vessels of any type and deals with the legal relationship between the vessel and various claimants, such as the owners, charterers, lenders, creditors, and others with a maritime interest. The scope of the ICMLM includes the recognition and enforcement of liens and mortgages over vessels. This includes the recognition and enforcement of foreign liens and mortgages, as well as the right to assert a preference or priority of payment. It also seeks to provide uniformity in the formation, registration, and enforcement of such liens and mortgages. Furthermore, the Convention provides for the establishment of a Maritime Liens Registry that can be used to record the details of the liens and mortgages, which can then be accessed by potential creditors, owners, or other interested parties. The ICMLM applies in Tennessee, although the state has not fully ratified the treaty. As a result, the Convention may only be applied insofar as it is already reflected in existing Tennessee maritime law. Such laws include the Tennessee Uniform Commercial Code, the Tennessee General Maritime Law, and the Tennessee Admiralty Jurisdiction Act.
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