Browsing by Author "Hare, John"
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- ItemOpen AccessA current assessment of the Hamburg rules(1997) Huber, Max; Hare, JohnTrade has been booming. The WTO ( World Trade Organisation) estimated that world trade in goods grew 8 % in volume terms last year, this being four times the growth of world GDP (Gross Domestic Products). During the 1990s international trade has grown far faster than world output, showing that national economies are becoming more closely linked. Foreign direct investment, another gauge of international economies integration, is also soaring: last year, estimated the United Nations Conference on Trade and Development, cross border investment increased by 40%, to $315 billion.
- ItemOpen AccessAn analysis of the potential liability of classification societies: developing role; current disorder and future prospects(1997) Durr, Sean Diederich; Hare, John'Put simply, the, purpose of the classification certificate is not to guarantee safety, but merely to permit Sundance to take advantage of the insurance rates available to a classed vessel'. This alarming statement made concerning the purpose of classification certificates by Judge Pratt in The Sundancer raised serious concerns regarding the reliability of classification society certificates. At a time when maritime casualties were escalating; partly due to an ageing maritime fleet, the above remark disconcerted classification societies who were attempting to restore confidence in their reputation which had been seriously impaired by, inter alia, the malpractices of some of the smaller, less scrupulous classification societies.
- ItemOpen AccessAssessment of contractual damages : developments in the test for remoteness in contractual damages under English and South African law, with particular regard to the 2008 House of Lords judgement in The Achilleas(2012) Deacon, Melissa Emma; Hare, JohnThe test for remoteness of damages laid down in Hadley v Baxendale has survived more than a century and a half with comparatively little meddling from the English courts. That is not to say there has been no attempt at refinement or clarification. The recent decision in The Achilleas saw five Law Lords coming to the same conclusion as to the rule’s effect but for very different reasons. This dissertation will consider the historical development of the Hadley v Baxendale rule, its rationale, its application in the later English cases of Nettleship, Victoria Laundry and The Heron II, the approaches adopted by the House of Lords in The Achilleas, its subsequent effect in The Amer Energy and The Sylvia, the difference in approach adopted in tort and finally will conclude with a comparison of the approaches to assessing remoteness of damages in English and South African law.
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- ItemOpen AccessLegal encouragement for salvage : an examination upon South African, English and German salvage law(1998) Kaestner, Christian; Hare, JohnThe 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 salvage laws in England, as the "mother"-country for maritime law, in South Africa, and in Germany encourage modem salvors to undertake expensive and risky salvage operations or whether the mentioned legal systems dampen the salvor's motivation to salvage life and maritime property out of distress situations.
- ItemOpen AccessLimitation of liability under South African law generally and in the context of wreck removal specifically(1996) Tucker, M S; Hare, John
- ItemOpen AccessMaritime legal labour: empowering workers at sea(1995) Ogola, Eric K Okumu; Hare, JohnIn the popular mind the principle of equality before the law is sometimes confused with the idea that the law applies to every one in the same way. But there are certain groups of workers who are excluded for one reason or another from many of the benefits or burdens of legislation passed by Parliament to regulate or improve behaviour in certain areas of life, or to whom such legislation applies in a peculiar way. In the field of employment and labour law, those who work on the seas as seamen belong to such groups.
- ItemOpen AccessThe menace of piracy and its effects on the marine insurance industry(2012) Akinyeye, Oluwole; Hare, JohnThis 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 relationship between the assured (shipowner/cargo owner) and the insurer, and the nexus which creates the relationship between these parties lies in the marine insurance policy which is taken out by the assured and underwritten by the insurer.
- ItemOpen AccessNautical fault : a historical and multi-jurisdictional study of the exemption for errors relating to navigation and management of the vessel in modern carriage law(2008) Rochester, Vanessa; Hare, JohnThe debate surrounding the nautical fault exemption has recently been revived in the context of the negotiation and drafting of the UNCITRAL Draft Convention on the Carriage of Goods [Wholly or Partly] [By Sea]. Indeed, the concept of nautical fault has been debated in academic, legislative, and industry circles for decades, with the issue resurfacing each time an attempt is made to modernize the law of carriage of goods by sea, either domestically or internationally. The frequency of debate by no means implies a comprehensive understanding of nautical fault. Rather, the importance of nautical fault and the role it plays in modern carriage law is often misunderstood and underplayed. The majority of commentators and cargo interests view the nautical fault exemption solely as an anachronistic holdover from an earlier era in shipping. This thesis challenges the modern assumptions surrounding nautical fault by demonstrating both its importance and it relevance to the modern law of carriage of goods by sea. This thesis therefore attempts to reconcile all the factors impacting and impacted by nautical fault, and provide a clear, complete and comprehensive study of the exemption.
- ItemOpen AccessShipping conferences and antitrust exemption in North America from a Canadian perspective: New life in an old debate(2001) Jermyn, Glen; Hare, JohnTransport Canada defines shipping conferences (herein "conferences") as follows: "Ocean liner shipping companies [which] offer regularly scheduled ocean transportation services, as opposed to irregular or non-liner services, primarily consisting of the carriage of containerized cargo rather than bulk commodities. A conference is an association of liner companies operating under an agreement to provide service on common trade routes and which collectively agree on rates and terms of service."
- ItemOpen AccessThe impact of EDI on bills of lading: a global perspective on the dynamics involved(1997) Muthow, Erik Andy; Hare, JohnThis paper aims to give some idea of the dynamics involved in implementing electronic bills of lading. The bill of lading is one of the compendium of documents used in carriage of goods by sea. The writer did therefore not attempt to isolate the bill of lading, although the emphasis is clearly placed on substituting the traditional (tangible) bill of lading with EDI. To understand the complexity of adapting existing documentation to EDI, it is essential to place the bill of lading into an EDI context. The electronic transfer of documents is nothing new. It is the statutory requirements and legal rights and obligations associated with the transfer that is currently stretching the boundaries of the law. Most of the legislation dealing with carriage and shipping documentation was drafted in an age where EDI was clearly not envisaged. Consequently, uncertainty exists regarding the legal recognition of electronic documentation.
- ItemOpen AccessThe nautical fault defence- an anachronism or a concept of the future?(2000) Maelicke, Steffen; Hare, JohnIn context of the carriage of goods by sea, the carrier's liability for loss of or damage to the goods has always been a controversial topic, because the carrier's and the shipper's interests have to be harmonised. In order to find an equitable solution, several liability regimes have been developed and a catalogue of immunities has been established which exempted the carrier from his liability. One of these exonerations is the 'nautical fault' defence of the carrier. This defence exonerates the carrier from liability for loss or damage arising or resulting from act, neglect or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship.
- ItemOpen AccessThe phenomenon of delocalisation in cyberspace and its influence on international dispute resolution(1997) von Ondarza, Peter; Hare, JohnThe rise of Cyberspace/the internet has opened a new source for legal issues. Beside issues of contract, tort, free speech, fundamental rights, privacy and anonymity, crime and security, intellectual property, governance and regulation, procedural issues are of predominant interest. This is because procedural law is the "last link" the chain in the exercise of state power. It follows that location-oriented, territory-oriented and sovereignty-oriented aspects play an important role in procedural provisions. Especially those aspects, however, seem to be most challenged by Cyberspace because of a new phenomenon: delocalisation.
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- ItemOpen AccessThe Relevance And Influence Of The South African Constitution On Maritime Law(2007) Chitando, Simbarashe Tafadzwa; Hare, John"The new Constitution has invigorated our entire body of legal science ... (and) has rejuvenated legal thought across the whole spectrum of law teaching and research "1 Professor Marrinus Wiechers. Maritime Law is no exception to the new era of constitutional democracy that this country has embarked on. It should too be "rejuvenated" or altered, where necessary, to be malleable to the new constitutional dispensation. The South African Constitution is admired as one of the most advanced in the world. This accolade is owed to the progressive Bill of Rights enshrined in Chapter 2 of the Constitution. The Bill of Rights has revolutionized South African jurisprudence in that it both directly and indirectly influences all law in the country, including Shipping Law, whose origins are largely Roman Dutch and English2 and to some extent international treaties, conventions, and customs3 This dissertation shall strive to challenge Maritime Law on its ability to conform to the Constitution, and more specifically the Bill of Rights. Where the dissertation finds shortcomings in Maritime law it shall make suggestions as to necessary changes that ought to be prevailed on to lawmakers to bring the law to conformity with the standards encapsulated in the Constitution.
- ItemOpen AccessThe sub-standard ship and port state control in South Africa(1995) Clark, Grant; Hare, JohnIn our modern era we often find we are spectators to the development occurring around us. This is particularly true of trade and industry. As the net of trade and industry has slowly been cast across the globe, so it has made demands on all who subscribe to its lordship. More effective means of productivity, lower costs, higher turnover and more efficient transport. Demands which we race to meet, all of which are important but none more important than the need for transport. Without a satisfactory transport system industry would die. There would be no accessible markets except those where the product was made, and those markets would soon be saturated. The importance of an effective and efficient transport system has not gone unnoticed, and the result is that this system, which was initially birthed to facilitate and serve trade and industry, has itself graduated to that status. Inevitably with this graduation it has adopted the principles and vision of its mentor. Money is sovereign in the world of industry and trade, indeed a cruel and ruthless sovereign.