Browsing by Author "Devine, D J"

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    A common maritime regime for the South China Sea
    (1994) Sun, Kuan-Ming; Devine, D J
    The South China Sea is a semi-enclosed sea in two respects. In terms of the geographical reality, the region is readily separable from the waters surrounding it. Moreover, it falls under the 1982 Law of the Sea Convention, which requires littoral states to cooperate in the maritime sphere. At present, a number of problems beset the region.
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    A comparison between the European Court of Justice, the International Court of Justice and the International Tribunal of the Law of the Sea Convention with special emphasis on jurisdiction and enforcement
    (1997) Blum, Jan Burkhard; Devine, D J
    On May 9, 1950 Robert Schuman, the French Foreign Minister, announced his proposal to place the whole French and German steel production under a common High Authority which allowed other European countries the opportunity to participate. In his proposal he took care to provide for the establishment of a court of justice subjecting the new authority to judicial control. One year later, in April, 1951 the European Coal and Steel Treaty (ECSC) was signed in Paris creating the Court of Justice, which was intended to ensure that the new community was governed by democratic principles and the rule of law. Following this, the ratification debates took place in the parliaments of the six countries.
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    Aerial jurisdiction over safety zones surrounding maritime installations
    (1989) Gough, Malcolm P; Devine, D J
    Extending the search for oil and gas into the marine areas is a relatively recent phase in the production of oil and gas. Although shallow water mining has been conducted since the 1940's, these attempts have been seen more as extensions of terrestrial mining than as serious offshore attempts. The technological feasibility of offshore oil ~nd gas mining has increased rapidly from the late 1950's onwards. 2This coincides, and more often than not is related to, recent vast developments in the Law of the Sea and pursuit of agreement by nations on vital questions related to the use and control of the sea. International law relating to the offshore oil and gas regime is therefore fairly recent in origin and, in many areas, unsettled. Lawyers have wrestled with the problems of creating a legal regime in areas beyond State sovereignty, applicable to constrictions which generally do not adequately resemble, for legal purposes, either ships or islands. In addition to the regime to be applied to the installation itself, it was soon realized that special precautions would have to be taken to ensure that loss of both life and property was kept to an absolute minimum. Offshore installations represent vast investment. _They operate on, and are exposed to, an environment which is unpredictable, powerful and on occasion violent in nature, not to mention the nature of the substances to be brought to the surface, which are dangerous, as experience has shown, in terms of inter alia, volatility and threat of pollution. One of the concepts soon arrived at was that of the safety zone, which has the obvious purpose of minimizing the possibility of collision with the installation, or crafts or objects attached to, or in the service of, the installation. Now as the concept of a safety zone suggests, and due to the fact that the installations frequently operate beyond territorial waters, it was obvious that parts of the high seas were to be affected. While uneasy agreement has been reached in the conventions on the Law of -the Sea~ in relation to shipping and respect for safety zones, the concept of aerial jurisdiction over these legally unique areas still remains a controversial one. This despite the fact that overflight of these areas is both possible and likely by almost all aircraft, and that certain aircraft, particularly helicopters, have proven vital to the operation of installations, as a means of transport and communication. In addition technology has provided, and will provide, new craft which will be classified either as ships or aircraft, and will be considered in the light of their usefulness to oil and gas installations or alternatively the threat they pose to them.
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    Legal mechanisms in modern port development: a critical analysis
    (1998) Sheard, Clive H; Devine, D J
    The purpose of this work is to give a comprehensive picture of the legal mechanisms for running a port and how modern port development can come into conflict with the relevant aspects of traditional shipping law. In the past ten years the face of port management and administration has changed dramatically. Many port authorities are calling themselves "landlord ports", and are more interested in leasing the port than in development, maintenance and administration of port facilities. This scenario, it will be seen, clearly introduced important changes for the law relating to harbours. To get a clear understanding of this issue, I have decided to divide this work into six parts. Whenever necessary, I shall first deal with the law and related issues within the traditional concept of a port I shall then show, with illustrations where possible, the positive and negative effects of modern port development on the status quo. Most of the information concerning the basis of port administration and maritime law is derived from the works in the bibliography. Nautical publications (as listed) also provided a large portion of my illustrations as do a series of interviews, both verbal and by correspondence, with companies which operate inside port arenas.
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    The international tribunal for the law of the sea
    (1997) Von Brevern, Julie Viktoria; Devine, D J
    This thesis deals with new developments in the law of the sea which is now widely regulated in the United Nations Convention on the Law of the Sea. Chapter one describes the history of the law of the sea until the Third United Nations Conference on the Law of the Sea of 1982. The main part analyses the newly established International Tribunal for the Law of the Sea. This institution is one of the judicial bodies set up by the Convention on the Law of the Sea to which disputes may be submitted by the States Parties and other appropriate entities for settlement by means of "compulsory procedures entailing binding decisions". It is based in the Free and Hanseatic City of Hamburg and has started its work on the 26 October 1996. The jurisdiction of the International Tribunal for the Law of the Sea is set out in Part V of the Convention as Settlement of Disputes and in Annex VI to the Convention which is called the Statute of the Tribunal. The Tribunal is just one of several alternative institutions which parties to a dispute may choose for settlement of their disputes. Alternative fora are the International Court of Justice, arbitral tribunals constituted in accordance with Annex VII and special arbitral tribunals for certain categories of disputes constituted in accordance with Annex VIII to the Convention. The Convention also provides in Article 280, that the parties to a dispute may settle the dispute by "other peaceful means of their choice". Within the Tribunal the Seabed Dispute Chamber has been established. It has jurisdiction to deal with disputes refering to activities in the area. The Convention declares this area to be "the common heritage of mankind". It vests control of all activities involved with that area in the International Seabed Authority, which acts "on behalf of mankind as a whole" The jurisdiction of the Seabed Dispute Chamber is set out in Part X of the Convention. The principal jurisdiction of the Tribunal and of the Seabed Disputes Chamber, is concerned with disputes about the "interpretation or application" of the provisions of the Convention. The Seabed Dispute Chamber is also in charge of disputes arising in connection with contracts and related arrangements concerning activities for the exploration and exploitation of the resources of the international area. Additionally, the Chamber may give advisory opinions on legal questions within the scope of the activities of those bodies, at the request of the Assembly or Council of the International Seabed Authority. In my opinion one of the main tasks of the Tribunal is the proceeding of prompt release of vessels and crews as provided for in Article 292 of the Convention. This provision of the Convention gives compulsory jurisidiction to the Tribunal. It includes hearing and deciding on cases where it is alleged that it is unreasonably refused to release a detained vessel or its crew upon the posting of a suitable bond or other :financial guarantee required by the applicable law. The tribunal becomes seized of the case only, if the parties to the dispute are not able to resolve the issue among themselves within ten days of the arrest or detention of the vessel or crew. Finally, the expenses of the Tribunal and the Headquarters Agreement, which regulates the relationship between the Tribunal and its hosts, are pictured. Unfortunately the practical ability of the Tribunal's functioning could not be examined as until today no cases have been submitted to the Tribunal.
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    The merits of the regional seas: programme for Southern Africa
    (1994) Jepkosgei Boss, G; Devine, D J; Glazewski, Jan
    Regional Programmes for the Protection of the Marine Environment began with agencies and organisations that were mainly scientific in nature. These early organisations were research - oriented and although they could recommend action they had no regulatory powers, nor could they initiate any action. The oldest of such organisation is the International Council for the Exploration of the Sea (ICES) established in 1902. It was active in the North Atlantic and Baltic Sea areas carrying out scientific studies with investigations concerning exploitation of living and non-living marine resources. ICES later became involved with marine pollution studies and as a result set up a committee in 1960 to deal with it. In 1967 ICES set up a working group. This was one of the first signs of regional co-operation regarding the environment. Another such organisation was the Inter-Governmental Maritime Consultative Organisation (IMCO) now International Maritime Organisation (IMO).
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    The USA maritime enforcement regime: a model for South Africa?
    (1998) Wardley, Gordon; Devine, D J
    There has been much public debate within South Africa (RSA), especially since 1994, concerning the role of the South African National Defence Force (SANDF) now that peace is the order of the day. Coupled to this is the perennial issue of insufficient funds to pay for all the services the government is expected to provide, and at the level with which all are satisfied. One of the hardest hit departments, from a budgetary point of view, is the Department of Defence (DoD), with funds been shifted to meet the ever increasing demand for socio-economic upliftment at the expense of defence. At the base of any argument concerning the issue of defence versus socio-economic upliftment, is the question of whether massive expenditure for defence in a peacetime environment is justifiable, seen in the light that many South Africans still do not have secure homes, access to acceptable education, medical facilities and potable water.
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    "Trade relationships between the EU and South Africa/the ACP countries"
    (1999) Mattlage, Christian; Devine, D J
    The starting point from which the EU has evolved must be marked as the end of the Second World War. This war left nearly all of Europe devastated and the Malta Agreement led to a division of Europe which had never been experienced before. 1 Experiences after the first World War2 and the growing antagonism among the victorious Allies brought the western Allies to the conclusion that the reconstruction and the recreation of those parts of Europe which were under their control was essential for both keeping peace in Europe and avoiding an expansion of the influence of the USSR in Europe. The reason for the creation of the ECSC was the desire to ensure that war would never again ravage the continent of Europe in the same way that it had done on two occasions in the first h~ of the century. By joining together, sharing resources and decisions in these two crucial industries, it was hoped that former enemies would become partners. As European states in those days lacked the necessary means for such far-reaching plans it was the US which provided the essential economic and financial support in the MaJShall Plan which was accepted by 16 European countries. In order to comply with the US's request for an agreement among the European states the Organisation of European Economic Cooperation was founded in 1948. 3 From the beginning an urgent need was felt that in order to "recreate the European family ... the first step must be a partnership between France and Germany"4 which had spent the last century in constant rivalry. Therefore, Robert Schuman5 suggested placing the whole Franco-German coal and steel production under one joint High Authority, in an organisation open to participation by other European countries.