Shipping Law , contact and disputed Assignment Example | Topics and Well Written Essays - 1000 words

Shipping Law , contact and disputed - Assignment Example It is inchoate from the moment the claim or privileges attaches, and when carried into effect by legal process by a proceeding in rem, relates back to a period when it attaches† (cited Mandaraka-Sheppard 22). On the other hand, an in rem action, as opposed to an action in personam, is one that attaches on property rather than on a person. In the maritime context, it attaches on the ship or on the cargo rather than on the ship-owner or the cargo owner. Thus, once a writ is issued by the court in an action in rem, a warrant for the arrest of the ship or cargo, rather than on the ship-owner or the cargo owner, can be applied next to secure the claim even before judgment. Lord Justice Moulton said in The Burns [1907] P137, â€Å"the action in rem is an action against the ship itself. It is an action in which the shipowners may take part, if they think proper, in defence of their property, but whether or not they will do so is a matter for them to decide, and if they do not decide to make themselves party to the suit in order to defend their property, no personal liability can be established against them in that action. It is perfectly true that the action indirectly affects them† (Chan et al 21). Maritime liens, however, are complicated issues because of the usual conflicts of laws involved. For one, there is no single rule on what constitutes maritime liens although there are the so-called traditional maritime liens and statutory maritime liens. The former refers to liens that have become so by practice in the admiralty world whilst the latter are those which are prescribed in statutes of statutes. Under English law, for example, the traditional liens, as enumerated in the case The Ripon City [1897] P 266 (242) (Adm) are â€Å"bottomry, salvage, wages, disbursements, liabilities, and damage† and arise automatically, ipso facto, upon the occurrence of the fact without notice or formality, remaining in and following the ship or cargo from owner to owner, including

Critical Response Paper Research Example | Topics and Well Written Essays - 750 words - 2

Critical Response - Research Paper Example The film clearly indicates how classical modernism, ‘the thing of the past’ has been replaced by post modernism (Jameson 114). Cultural and social transition The film shows a positive transition in every respect. The opening scene depicts the deserted Madrid side street and the darkest night of Franco’s regime. At the end, the dark empty streets are replaced with bright light and traffic jams. It shows a positive change from dictatorship to democracy. Besides, at the end of the film, David becomes more accommodative after going through the ups and downs in his life. Same is the case with Victor, who feels that life has com full circle for him. His relationship with Elena and his incipient fatherhood transform him into a better person socially more acceptable. The fears of the 70’s no longer exist in their minds- a welcome change that represents the new cultural ethos that has given rise to democracy and freedom. Victor’s birth is contrasted with that of the unborn baby caught in the traffic jam. This well depicts the cultural change that Spain has undergone over a period of more than 25 years. Fatalistic entrapment The film tells the story of several characters involved in each other's fates in ways that are beyond their control. According to Morgan-Tamosunas of Anglia Polytechnic University, all the five central characters are bound together by ‘a circular relationship of interdependency’ (188). ... Things happen to him. Therefore, like the other characters, he too can be seen as a victim of chance and circumstance. The raw feelings of the characters act as catalysts that speed up the actions and reactions. They are cyclic in mature and so there is no escape for them from the ‘entrapment. The camera always focuses on circular objects which are symbolically suggestive of the circular entrapment. The main characters are stuck in this circular entrapment of fatalism. Characterisation and Masculinity Carne tremula has three well-developed male protagonists in Victor, David and, to a lesser extent, Sancho. Their masculinity is articulated through certain physical, emotional and behavioural codes. The pursuit of physical power by both Victor and David shows this point well. The bathroom sequence and David’s performance on the basket ball court focuses on masculinity. In the case of Victor, masculinity has been challenged by Elena and therefore he is obsessed with masculin e prowess and physical strength. The rivalry between David and Victor and the consequent muscle-flexing are considered as a test of masculinity highlighted by camera-angle and framing. Sancho is aggressive and masculine in a perverted and destructive way, resorting to physical violence and emotional manipulation. Clara and Elena are both self-sacrificing characters. Elena suffers repression and guilt complex where as Clara is a victim of self negation. Performance, use of colours and music In Carne Tremula, the ensemble is well-chosen. Liverto Rabal’s (Victor) boyish charm and wit is electrifying. Magnified by the star persona, Javier Bardem’s performance as paraplegic David asserting himself both physically and