Maritime Law
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The enforcement of an arbitration award against an associated ship in South Africa. An analysis of MT Pretty Scene: Galsworthy Ltd v Pretty Scene Shipping S.A. and Another 2021 (5) SA 134 (SCA)
(2022)Interpretation of the phrase 'when the maritime claim arose' has created ambiguity in relation to the claim of an arbitration award as defined in section (1)(aa) of the Admiralty Jurisdiction Regulation Act 105 of 1983 ... -
"Fire on the seas! Fine by me?" Advancing an argument for the reform of the criminal liability incurred by corporates, under South African law, as a result of the misdeclaration of dangerous goods to be carried by sea.
(2022)The carriage of dangerous goods by sea requires the utmost care and preparation. An essential part of preparing for such operations is a trail of documents evidencing the exact profile of goods to be carried and the ... -
A critical analysis of the seemingly contradictory principles of uniformity and party autonomy underlying the United Nations Convention on the International Sale of Goods (CISG) of 1980: the objectives behind these principles and the complexities arising from their application in the context of the main objectives of the Convention.
(2019)The need for a uniform law governing the cross-border sale of goods, balancing the rights of importers and exporters as well as creating certainty and predictability in the application of international sales law rules, led ... -
Unmanned and autonomous ships and cyber piracy: an analysis of international and national regulatory measures.
(2021)No abstract available. -
Gone overbroad? Critically examining the classification of maritime claims by South African courts.
(2021)South African courts are empowered, in the exercise of their admiralty jurisdiction, to provide ‘far-reaching and even revolutionary methods to prevent recalcitrant debtors from evading their legal debts’. These ... -
A critical analysis of the legal framework to deter illegal, unreported and unregulated fishing in South Africa’s maritime zones.
(2020)Illegal, unreported and unregulated fishing (IUU fishing) is a significant threat to marine biodiversity and ecosystems globally. Despite efforts to manage fishery stocks, including conservation efforts, IUU fishing ... -
Privacy by (re)design: a comparative study of the protection of personal information in the mobile applications ecosystem under United States, European Union and South African law.
(2020)The dissertation presents a comparative desktop study of the application of a Privacy by Design (PbD) approach to the protection of personal information in the mobile applications ecosystem under the Children’s Online ... -
The dawn of unmanned and autonomous vessels and the legal consequences of a M.A.S.S. collision.
(2019)Technology is developing at a rapid pace and the world is now faced with the introduction of unmanned and autonomous vessels. This dissertation analyses the attribution of legal liability for collision damage caused by ... -
A statutory analysis of ocean governance in South Africa with a focus on the Marine Spatial Planning Act 16 of 2018.
(2020)One of South Africa’s greatest assets has been its ocean and the business it brings with. The economic opportunities presented by the ocean are noted by legislatures by all coastal States alongside the need to coordinate ... -
Article IV rule II of the protocol to amend the International convention for the unification of certain rules of law relating to bills of lading: a critical analysis of the three most litigated maritime defences available to the carrier.
(2020)The defences of negligent navigation; fire and heavy weather as a peril of the seas will be examined in this study as they have been identified as the most controversial and litigated defences contained in the Hague-Visby ... -
Maritime claims: gangway to ship arrest: a case study of South Africa and Nigeria.
(2020)The arrest of a ship cannot be granted in any court exercising its admiralty jurisdiction if the claimant/plaintiff cannot ascertain that he/she has a maritime claim. Arresting a ship is a unique concept. A maritime claimant ... -
Navigating the complex maritime cyber regime: a review of the international and domestic regulatory framework on maritime cyber security.
(2019)Modern shipping companies are reliant on the proliferation of refined technological advancements such as Electric Chart Display and Information Systems (ECDIS), Automatic Identification System (AIS), Global Maritime ... -
The presentation of the bill of lading, a necessary evil: an examination of the legal implications of the misdelivery of cargo, owing to the non-presentation of the bill of lading, on the rights and duties of carriers and indorsees under South African and English law, and the Hague-Visby rules.
(2019)The transferable nature and function as a document of title allow for bills of lading to be transferred from one consignee to another and for its use as security. The transferring of the bill of lading down a chain of ... -
A critical analysis of the effectiveness of the regulatory regime under the Polar Code and its application to the South African National Antarctic Programme.
(2019)A Critical Analysis of the Effectiveness of the Regulatory Regime under the Polar Code and Its Application to the South African National Antarctic Programme. The Polar Regions, the Arctic and Antarctic, have been experiencing ... -
Irregular migration across the Mediterranean Sea: an analysis of safety and security regulatory measures.
(2018)The phenomenon of ‘irregular migration’ by sea or ‘boat migration’ is not new, however, it has only recently caught the public’s attention since the Mediterranean ‘migration crisis’ in 2015. Historically, travelling by sea ... -
The application of foreign law to South African marine insurance contracts: a critical analysis of the case of The Representatives of Lloyds & Others v Classic Sailing Adventures (Pty) Ltd, in reference to section 6 of the Admiralty Jurisdiction Regulation Act 105 of 1983.
(2018)It is trite that the development of marine insurance law in South Africa has been heavily influenced by its English counterpart. While English law and precedents may not be binding on South African courts, they do hold ... -
The role of the demise clause in identifying the carrier under bills of lading.
(2017)No abstract available -
Examining the rights of consumers who may have purchased defective vehicles.
(2019)My topic deals with the rights that consumers have if they are concerned that they may have purchased a defective vehicle. The main focus of my paper is to discover whether there is anything that consumers can do if they ... -
Seaman’s lien: a South African perspective on seaman’s lien post the Supreme court of appeals decision in the Asphalt Venture Windrush Intercontinental SA v UACC Bergshav Tankers as 2017 (3) SA 1 (SCA)
(2019)The seaman’s lien is a well-recognised maritime lien. The advancement of the lien may have been swayed by public policy and the need to protect the seaman. The premise of the lien is that a service was rendered to the ... -
The basis of the carrier’s liability and the burden of proof in cargo claims arising under contracts for the carriage of goods by sea evidenced by bills of lading.
(2018)The burden of proof in maritime law has proven to be an issue in some of the cases that pertain to cargo claims. It is therefore important to analyse and compare the basis of liability and the burden of proof in the ...
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