Browsing by Subject "Maritime Law"

Now showing 1 - 2 of 2
  • Thumbnail Image
    Item
    Open Access
    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.
  • Thumbnail Image
    Item
    Open Access
    The use of port state measures as a tool of combating illegal unreported unregulated fishing: Is there a need for expansion of coastal state jurisdiction?
    (University of Cape Town, 2020) Ogega, Peris B; Bradfield, Graham
    This dissertation examines the scope and limitations of port state jurisdiction with respect to the enforcement of international conservation and management measures established under international and national instruments. The current fisheries regulatory regimes rely primarily on flag states to enforce these measures against foreign vessels. The aim of this dissertation is to recommend an expansion of port state enforcement jurisdiction over foreign vessels when fishing in the high seas. The expansion of port state jurisdiction supplements the role of flag states in enforcing the provisions of international conventions and agreements applicable in the high seas and also fills in where flag of convenience fishing vessels have failed to do so. To support this view, the dissertation will compare the issue of illegal unreported unregulated fishing with the issue of marine pollution. The significance of this comparison is to show how provisions in regard to marine pollution, have legitimized the expansion of port state jurisdiction to the extent that port states have enforcement jurisdiction over foreign flagged vessels which violate the provisions of LOSC relating to marine pollution in the high seas.