Browsing Masters by Department "Shipping Law Unit"

Now showing items 1-18 of 18

Are the relevant provisions of the Rotterdam Rules dealing with the identification of the carrier an improvement over the Hamburg and Hague-Visby Rules?

Author: Samkange, Ruvarashe Kudzai Date: 2017 The carrier identity problem is one that may arise in the context of the international carriage of goods by sea. This problem may arise in a variety of ways particularly when the carriage arrangements are complex or where there is no clear ... Read more
Blackwater versus Blackbeard : which international regulations exist for the use of private maritime security companies in vessel protection operations?

Author: Wirtz, Christian Cornelius Date: 2016 The problem of piracy and armed robbery at sea has sharply risen in the last decades. As a result, shipping companies, governments, insurances and maritime organisations have tried to approach the problem in different ways, the employment ... Read more
Do the provisions of section 3(7)(a)(ii) read with section 3(7)(b)(i) of the Admiralty Jurisdiction Regulation Act 105 of 1983 infringe the substantive requirements of section 25(1) of the Constitution of the Republic of South Africa Act 108 of 1996?

Author: Doble, Vanessa Date: 2015 In this dissertation, the issue that is considered is whether or not the provisions of section 3(7)(a)(ii) read with section 3(7)(b)(i) of the Admiralty Jurisdiction Regulation Act 105 of 1983 ('the Act') constitute an arbitrary deprivation ... Read more
An evaluation of the solutions provided by the Rotterdam Rules to identifying the carrier

Author: Renggli, Helen Louise Date: 2013 While the identification of the carrier under a contract for the carriage of goods by sea, whether as unimodal transport or as a leg of a multimodal transport, for the purposes of determining the person liable for the loss or the damage to ... Read more
An examination of the inadequacy of the wording of the damage claim provisions of the Oil Pollution Act of 1990, resulting in interpretative legal difficulties as revealed by claims stemming from the Deepwater Horizon Oil Spill

Author: Bradley, Martha Magdalena Date: 2014 The United States Oil Pollution Act 1990 (OPA), contains a provision, s1002(b) (2), that sets out six categories or kinds of damage that may be recovered from a ‘responsible party’ liable for losses resulting from damage caused by the discharge ... Read more
Have recent off-hire, war risk and piracy clauses improved the position of time charterers by distributing the risk of delay caused by pirate attacks on their time chartered vessels more equitably as between owner and time charterer?

Author: Morgan, Mark Date: 2013 Read more
An historical and multi-jurisdictional study of jurisdiction clauses in internaional maritime carriage contracts

Author: Sanchez, Natalie Isabelle Date: 2011 This dissertation aims to engage in an historical and multi-jurisdictional study of forum selection clauses in the context of international maritime carriage contracts by: 1. Describing the historical situation which led to the inclusion of ... Read more
Legal encouragement for salvage : an examination upon South African, English and German salvage law

Author: Kaestner, Christian Date: 1998 The scope of this dissertation is an examination of the different aspects of legal encouragement for salvors in English, South African, and German salvage laws. For this purpose, attention will be given to the questions of whether the present ... Read more
The menace of piracy and its effects on the marine insurance industry

Author: Akinyeye, Oluwole Date: 2012 This thesis has the aim of analysing the metamorphosis of piracy into its present day status as a menace and how it has impacted most especially on the marine insurance industry. The marine insurance industry is basically comprised of the ... Read more
Messing around in boats safe management of South African pleasure vessels: a review of the South African shipping legislation applicable to small pleasure vessels operating at sea and the application of this regime to South Africa's inland boa

Author: Britz, Alan Charles Date: 2013 Read more
Opening up the rich man’s club : ways to solve the clash between IMOs need for a more efficient decision-making process and the necessary participation of developing countries in the process?

Author: Solf, Katarina Date: 2014 The question this dissertation aims to answer is how developing countries can be better included in the IMOs decision-making process in order to make the process more efficient regarding time efficiency and the enforcement of decisions. It ... Read more
Overlapping jurisdiction between admiralty and insolvency law: an evaluation and comparison of the South African and English legal approaches?

Author: Davidson, Samuel John Date: 2014 Includes bibliographical references. Read more
The privatisation of pilotage services: a panacea for South Africaâ€™s pilotage ills?

Author: Balmuth, Simon Mark Date: 2015 Does the creation of a deemed servant-master relationship, between pilot and ship-owner or master through section 76 (2) of the National Ports Act (hereafter the NPA); accurately reflect the de facto relationship in which the parties stand? ... Read more
A reconsideration of the prima facie case

Author: Fitzgerald, Patrick Date: 2013 The topic of this dissertation is whether the requirement of' a prima facie case' and the approach to determining whether it has been met in the context of security arrests 'in terms of section 5(3) of the Admiralty Jurisdiction Regulation ... Read more
The nature and scope of the contemporary maritime liens in South African Admiralty Law

Author: Bradfield, Graham Date: 1993 Thesis looking at the nature and scope of the contemporary maritime liens in South African Admiralty Law. Read more
The test for wrongful arrest of vessels: in search of harmonisation

Author: Goordeen, Sohana Date: 2018 The purpose of this dissertation is to evaluate and analyse the test for the wrongful arrest of vessels and cargo, although my primary focus will be on vessels. My evaluation is geared toward a view that the test is anachronistic, in need of ... Read more
Towards a legal regime for limiting ship-source greenhouse gas emissions

Author: Paul, Daniel Alexander Date: 2009 In the 55th meeting of the International Maritime Organisation's (IMO) Marine Environment Protection Committee (MEPC) in October 2006, the Committee noted that the impact of greenhouse gas emissions from the burning of marine fuel oil on ... Read more
Who is entitled to a shipwreck located in international waters? A contest for the spoils between salvors, the original owners, legitimate heirs, state governments and the historic preservationists

Author: Triay, Christian Zygmunt Date: 2014 This dissertation addresses the value of shipwrecks, the reasons why persons have an interest in shipwrecks, the nature of competing claims for the shipwrecks by different persons and how different national laws and international law, treaties ... Read more

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Browsing Masters by Department "Shipping Law Unit"

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