Modern shipping law in South Africa - can Section 6 of the Admiralty Jurisdiction Regulation Act be discarded with impunity? - a comparative study
| dc.contributor.advisor | Hare, John Edward | |
| dc.contributor.author | Wagener, Michael | |
| dc.date.accessioned | 2024-07-02T10:29:59Z | |
| dc.date.available | 2024-07-02T10:29:59Z | |
| dc.date.issued | 2004 | |
| dc.date.updated | 2024-06-25T13:41:23Z | |
| dc.description.abstract | There is no area of the law which cannot be improved by being re-thought from its first principles. Admiralty jurisdiction and procedure are no exceptions to this general rule; the antiquity of parts of English admiralty jurisdiction and procedure are such that re-thinking both by admiralty and non-admiralty lawyers (to say nothing of non-lawyers) might produce some particularly beneficial results. In terms of the Admiralty Jurisdiction Regulation Act ("the AJRA") each provincial and local division of the High Court is clothed with jurisdiction to hear and determine various maritime claims defined in a comprehensive list. Section 6 regulates the law and the rules of evidence to be applied in the exercise of the court's admiralty jurisdiction. It provides that with regard to any matter in respect of which a court of admiralty created by the Colonial Courts of Admiralty Act, 1890 had jurisdiction 'immediately prior to the commencement of this Act' (1 November 1983), the governing law is to be that of the United Kingdom. For other maritime claims as defined in the Act over which the colonial courts of admiralty had no jurisdiction, for instance, charterparties in general, 'Roman-Dutch law applicable in the Republic' is to be applied. Section 6(2) subjects all claims to relevant statute law. | |
| dc.identifier.apacitation | Wagener, M. (2004). <i>Modern shipping law in South Africa - can Section 6 of the Admiralty Jurisdiction Regulation Act be discarded with impunity? - a comparative study</i>. (). ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/40241 | en_ZA |
| dc.identifier.chicagocitation | Wagener, Michael. <i>"Modern shipping law in South Africa - can Section 6 of the Admiralty Jurisdiction Regulation Act be discarded with impunity? - a comparative study."</i> ., ,Faculty of Law ,Department of Commercial Law, 2004. http://hdl.handle.net/11427/40241 | en_ZA |
| dc.identifier.citation | Wagener, M. 2004. Modern shipping law in South Africa - can Section 6 of the Admiralty Jurisdiction Regulation Act be discarded with impunity? - a comparative study. . ,Faculty of Law ,Department of Commercial Law. http://hdl.handle.net/11427/40241 | en_ZA |
| dc.identifier.ris | TY - Thesis / Dissertation AU - Wagener, Michael AB - There is no area of the law which cannot be improved by being re-thought from its first principles. Admiralty jurisdiction and procedure are no exceptions to this general rule; the antiquity of parts of English admiralty jurisdiction and procedure are such that re-thinking both by admiralty and non-admiralty lawyers (to say nothing of non-lawyers) might produce some particularly beneficial results. In terms of the Admiralty Jurisdiction Regulation Act ("the AJRA") each provincial and local division of the High Court is clothed with jurisdiction to hear and determine various maritime claims defined in a comprehensive list. Section 6 regulates the law and the rules of evidence to be applied in the exercise of the court's admiralty jurisdiction. It provides that with regard to any matter in respect of which a court of admiralty created by the Colonial Courts of Admiralty Act, 1890 had jurisdiction 'immediately prior to the commencement of this Act' (1 November 1983), the governing law is to be that of the United Kingdom. For other maritime claims as defined in the Act over which the colonial courts of admiralty had no jurisdiction, for instance, charterparties in general, 'Roman-Dutch law applicable in the Republic' is to be applied. Section 6(2) subjects all claims to relevant statute law. DA - 2004 DB - OpenUCT DP - University of Cape Town KW - Commercial Law LK - https://open.uct.ac.za PY - 2004 T1 - Modern shipping law in South Africa - can Section 6 of the Admiralty Jurisdiction Regulation Act be discarded with impunity? - a comparative study TI - Modern shipping law in South Africa - can Section 6 of the Admiralty Jurisdiction Regulation Act be discarded with impunity? - a comparative study UR - http://hdl.handle.net/11427/40241 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/40241 | |
| dc.identifier.vancouvercitation | Wagener M. Modern shipping law in South Africa - can Section 6 of the Admiralty Jurisdiction Regulation Act be discarded with impunity? - a comparative study. []. ,Faculty of Law ,Department of Commercial Law, 2004 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/40241 | en_ZA |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Department of Commercial Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.subject | Commercial Law | |
| dc.title | Modern shipping law in South Africa - can Section 6 of the Admiralty Jurisdiction Regulation Act be discarded with impunity? - a comparative study | |
| dc.type | Thesis / Dissertation | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |