Maritime Law
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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, ... -
Practicability of successfully achieving a paperless sea trade : electronic vs paper bills of lading.
(2018)No abstract provided. -
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 ... -
Piracy and privately contracted armed security personnel : a comparative analysis of the global response to the deployment of armed guards on board merchant vessels and South Africa's policy as a port and coastal state.
(2014)This study examines the policies adopted by flag and port states to govern the use of armed guards on board merchant vessels. The International Maritime Organisation and a number of member states’ responses to the use of ... -
The regulation of the removal of hazardous shipwrecks in South African waters and a discussion on the adoption of the Nairobi International Convention on the Removal of Wrecks, 2007.
(2013)International trade in large amounts of commodities resulted in the recent growth of the shipping industry. With larger ships being constructed to meet land based demands for various types of commodities combined with ... -
An examination of the application of the Sea Transport Documents Act 65 of 2000 to title to sue under contracts of carriage evidenced by sea waybills and straight bills of lading.
(2013)The Sea Transport Documents Act, 65 of 2000, was a remedial statute intended to provide a solution to the problem of title to sue under the contract of carriage evidenced by sea transport documents. At common law a ... -
A critical discussion of the enforceability of maritime liens against bona fide purchasers.
(2013)The law of maritime liens has been a subject of great uncertainty for a long period of time and there has not been any unanimity in terms of certain aspect of this concept. Domestic law vary with regards to the recognition ... -
An investigation of the liability of transnet national ports authority and ship-owners for the conduct of pilots in the compulsory pilotage ports of South Africa.
(2013)South African ports are regulated by a compulsory pilotage system. This means that when a vessel enters or leaves any of the South African Ports regulated by Transnet National Ports Authority, this vessel is obliged by law ... -
Civil liability for damage caused by oil pollution from off-shore platforms : a comparative analysis of international and domestic instruments.
(2013)This dissertation addresses the question of liability for oil spills emanating from offshore installations, beginning with an analysis of international law, specifically international customary law, global conventions ... -
The World Trade Organization's trade agreement on agriculture : a comparative analysis of South Africa and Nigeria.
(2013)Sub-Saharan African nations are highly dependent on the agricultural sector for livelihoods. South Africa and Nigeria depend on agriculture due to the availability of abundant land, labour and natural resources. According ... -
Maritime piracy : a critical analysis of current prosecutorial challenges and shortcomings of international and domestic law.
(2012)Modern maritime piracy is cause for major concern around the world. Although there have been preventative measures deployed by maritime nations to counter the crime, there is a need to develop an efficient regime to ... -
"A review of measures to combat illicit drug trafficking and trade : a domestic maritime perspective"
(2012)From a survey of media reports and other documentary sources, illicit drug trafficking and trade seems to be a prevalent problem in South Africa today. Drugs are being shipped undetected in containers, which poses a ...
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