Maritime Law
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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 ... -
Stowaways : a threat to maritime security and the curse of shipowners.
(2018)Stowing away is a means employed by people to get from one place to another without detection and without paying for passage. There are various reasons people stow away; some of which include, escaping from poverty, ... -
Piracy jure gentium in territorial seas: a perspective from the East African seaboard.
(2018)The brazen acts of Somali pirates against international shipping transiting through the Gulf of Aden and around the Horn of Africa drew global media attention between 2006 and 2012. As a countermeasure, foreign and ... -
Practicability of successfully achieving a paperless sea trade: electronic vs paper Bills of Lading.
(2018)Increase in electronic commerce create challenges to the use of the existing laws and the traditional modes of concluding contracts, including the use of paper bills of lading. As a result, this induces a need for the ... -
Security on board energy carrying vessels: an analysis of international and regional regulatory measures.
(2018)Although the overall number of piracy incidents has decreased over the past few years, almost half the incidents that are reported, involve energy carrying vessels. Given the important role that energy plays in society ... -
An analysis of five of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) that are most at risk of divergent interpretation by tribunals within diverse nations and a brief overview of the implications of South Africa's choice not to ratify the convention.
(2018)This study provides a critical analysis of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of five aspects of the Convention, namely provisions dealing with usage of trade, ... -
The development of Environmental Salvage and the 1989 Salvage Convention: the proposed amendments to the 1989 Convention and the issues regarding the assessment of Environmental Salvage Awards.
(2017)The International Salvage Union (ISU) believes that it is time to reconsider its provisions and amend the 1989 Salvage Convention to create a separate and distinct environmental salvage award. ISU is of the opinion that ... -
A comparative study of the paper and electronic bill of lading under South African law.
(2017)A bill of lading is a document which is acknowledged as a cornerstone in any sea contract of carriage. It is the most significant document facilitating transportation in international sale contracts. The court recognise ... -
A comparative analysis of the carrier’s liability under the Hague Visby and Rotterdam rules.
(2016)This study provides a historical overview of the development of the carrier’s obligation to maintain a seaworthy vessel in contracts of carriage by sea, as well as a comparative analysis of the extent and duration of this ... -
Sea-level rise and ambulating maritime zones : an analysis of the legal implications for coastal and island states.
(2017)As a result of climate change and the rising of sea levels worldwide, maritime baselines along Coastal and Island States are starting to shift. There are many legal consequences that arise as a result of this shift in ... -
The Rotterdam rules : to what extent do they provide appropriate solutions to the shortcomings of the Hague-Visby rules and the Hamburg rules with regard to multimodal transportation, the carrier’s seaworthiness obligation and the nautical fault defence?
(2016)Modern international carriage of goods by sea is largely regulated by various international conventions. Such regimes include the Hague Rules, the Hague-Visby Rules and the Hamburg Rules. We may also look to national and ... -
Title to sue under contracts of carriage of goods by sea: a comparative analysis of transfer of contractual rights and liabilities under a bill of lading in English and South African law.
(2016)In carriage of goods by sea the bill of lading is the document through which third parties acquire contractual rights and liabilities. The bill of lading is thus the document which provides title to sue to third parties. ... -
Understanding the international ship and port facility security (ISPS) code : an examination of the implementation and effectiveness of the ISPS code.
(2016)It all started with a bang! Maritime security drastically evolved due to the tragic events of 11 September 2001(9/11), when a series of coordinated terrorist attacks were made on the United States of America. This ... -
15 years on, has the legal Pandora's Box yet to be sealed? : a critical analysis of the majority in the Heavy Metal case and determination of the correct interpretation of the concept of 'control' as it relates to associated ship arrests.
(2015)In respect of company law, there are two main principles that govern it. The first principle is that a company is a juristic person, having a separate legal identity and thus existing separately from the individuals who ...
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