Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 31 for “"shipping law"”.
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Modern shipping law in South Africa - can Section 6 of the Admiralty Jurisdiction Regulation Act be discarded with impunity? - a comparative study
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 …
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The Relevance And Influence Of The South African Constitution On Maritime Law
… legal thought across the whole spectrum of law teaching and research "1 Professor Marrinus Wiechers. Maritime Law is no exception to the new era of constitutional democracy that this country has embarked on. It should too be "rejuvenated" or altered, where necessary, to be malleable to the …
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Legal mechanisms in modern port development: a critical analysis
… with the relevant aspects of traditional shipping law. In the past ten years the face of port management and administration has changed dramatically. Many port authorities are calling themselves "landlord ports", and are more interested in leasing the port than in development, maintenance …
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"The doctrines of deviation and fundamental breach: have they really sunk?"
… There exists no jurisprudence in South African shipping law dealing with a fundamental breach or a deviation and thus in terms of s6(1) of the South African Admiralty Jurisdiction Regulation Act no. 105 of 1983, English law is the law applicable should a South African court be faced with a …
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Has criminalisation of the master subverted the aim of International Pollution Instruments to impose uniformity on the consequences of ship-source pollution?
… clear-cut to ensure compliance by the shipping industry and provide states responsible for enforcing it with clarity. The reality is that states often impose harsh punitive measures on the Master when an accident leads to pollution, and he is often disproportionately criminalised …
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Steaming towards a cyber secure shipboard navigation systems: a review of industry readiness
The increasing reliance on digital technologies in the maritime industry has led to a growing concern about cyber security. Shipboard navigation systems are particularly vulnerable to attack, as they are often connected to the 'internet of things' and contain sensitive data. This dissertation …
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The information super cul-de-sac: Troubled waters for shipping jurisdiction
It is estimated the paperwork associated with international freight transport may absorb between 7 and 10 per cent of the cost of trade and is now too cumbersome for the rapid and efficient movement of goods
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Historical and current juridical aspects of cooperation between international scheduled liner shipping organisations: a South African perspective
Shipping companies involved in the scheduled liner shipping trade are essentially concerned with providing a regular ocean transport service to shippers. This service consists of a fixed sailing pattern on a publicised schedule operating on a specific geographic trade route. It is essentially a …
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An evaluation of the solutions provided by the Rotterdam Rules to identifying the carrier
While the identification of the carrier under a contract for the carriage of goods by sea, whether as unimodal transport or as a leg of a multimodal transport, for the purposes of determining the person liable for the loss or the damage to goods carried, does not generally present a cargo interest …
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The payment and insurance of ransom: an analysis of legality, morality and possible solutions in the case of ship hijackings by pirates
… type of pirate has emerged in one of the most lawless spots in the world. The pirates of Somalia increasingly threaten one of the busiest commercial shipping routes, thus forcing shipowners to pay higher insurance premiums or to reroute around the Cape. Either way, the current situation …
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An historical and multi-jurisdictional study of jurisdiction clauses in internaional maritime carriage contracts
… regulation, construction and validity under the law, and touching upon other important preliminary considerations ( Chapter 2 ); 2. Providing a multi-jurisdictional analysis of the national regulation and enforcement of jurisdiction clauses contained in carriage agreements ( Chapter 3 ); 3. …
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The menace of piracy and its effects on the marine insurance industry
This thesis has the aim of analysing the metamorphosis of piracy into its present day status as a menace and how it has impacted most especially on the marine insurance industry. The marine insurance industry is basically comprised of the relationship between the assured (shipowner/cargo owner) and …
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The privatisation of pilotage services: a panacea for South Africa’s pilotage ills?
… African labour jurisprudence, the governing law, respective positions occupied by ship-owner and port authority, broad-based considerations of policy, and key tenets of the rationale underpinning the concept of vicarious liability; that the answer to the above-raised questions is are sounding …
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An examination of the inadequacy of the wording of the damage claim provisions of the Oil Pollution Act of 1990, resulting in interpretative legal difficulties as revealed by claims stemming from the Deepwater Horizon Oil Spill
The United States Oil Pollution Act 1990 (OPA), contains a provision, s1002(b) (2), that sets out six categories or kinds of damage that may be recovered from a ‘responsible party’ liable for losses resulting from damage caused by the discharge of oil in United States (US) waters. The provision was …
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The test for wrongful arrest of vessels: in search of harmonisation
… in various jurisdictions, both common and civil law jurisdictions with a focus on common law judgements. This dissertation also includes reference to the renewed campaign to reform the test for wrongful arrest of vessels, initiated by Professor Mandaraka-Sheppard and debated between Sir Bernard …
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The nautical fault defence- an anachronism or a concept of the future?
In context of the carriage of goods by sea, the carrier's liability for loss of or damage to the goods has always been a controversial topic, because the carrier's and the shipper's interests have to be harmonised. In order to find an equitable solution, several liability regimes have been …
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Towards a legal regime for limiting ship-source greenhouse gas emissions
… change is a serious concern and even though shipping is considered an environmentally friendly mode of transport, it too must change with the times and take action to reduce its own greenhouse gas emissions. If it does not, then shipping will fall behind other industries and become one of the …
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Blackwater versus Blackbeard : which international regulations exist for the use of private maritime security companies in vessel protection operations?
… sharply risen in the last decades. As a result, shipping companies, governments, insurances and maritime organisations have tried to approach the problem in different ways, the employment of private maritime security companies being one of them. State navies do not have enough resources to cover …
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