Browsing Maritime Law by Type "Thesis"
Now showing items 1-20 of 43
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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 ... -
Abandonment in marine insurance law : an historical comparative study.
(1996)This study follows upon an LLM thesis in which the writer submitted that South African marine insurance law should be allowed to develop by way of a codification process which co-ordinates research of the principles ... -
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 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 arrest of ships in German and South African law.
(1988)This thesis compares the arrest-of-ship proceedings of the Republic of South Africa and the Federal Republic of Germany. In German law the more than a century old provisions of the Code of Civil Procedure (as amended) ... -
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 ... -
The associated ship and South African admiralty jurisdiction.
(2010)The associated ship and the jurisdiction to arrest such a ship created in terms of the Admiralty Jurisdiction Regulation Act 105 of 1983 is a unique legal institution in the world of maritime law and jurisdiction. 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 ... -
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 ... -
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 ... -
A comparative analysis of the civil liability and fund conventions, Tovalop and Cristal, the U.S. Federal Oil Pollution Act and U.S. state legislation, as legal mechanisms regulating compensation for tanker- source oil pollution damage as of February, 1994.
(1994)The purpose of this thesis is to explain and evaluate the law concerning compensation for tanker-source oil pollution damage under three different liability regimes: (a) the International Convention on Civil Liability ... -
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 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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ...