Marine Law Topics

Updated: 08 August 2001

Marine and Environmental Law --
Research Dissertations

All our graduate students in Marine and Shipping Law are required to undertake supervised research. The Graduate Diploma calls for a 10 000 word dissertation and the LLM, 20 000 words. Students may also undertake the LLM by research only. The PhD and LLD are wholly research degrees.

Our pages for Research Dissertations lists research dealing with both Marine and Shipping Law in a searchable database covering main subjects, topics and keywords. (This part of the site is under construction)

Please read the disclaimer to be found in Publications & Research. It is only on the basis of that disclaimer that these materials are made available.

Dissertations are listed by year:

2001|| 2000 || 1999 || 1998 || 1997 || 1996 || 1995 || 1994 ||
1993 || 1992 || 1991 || 1990 || 1989 || 1988 || 1987

SHIPPING LAW DISSERTATIONS LISTED SEPARATELY

Marine Law Topics

2000

Year: 2000
Name: Nitsche, Rainer
Title: The Treasure incident in legal perspective -- Lessons for South Africa?
Supervisor: Prof DJ Devine
Synopsis: Four of the twenty largest oils spills in history have occurred off the notoriously dangerous and unpredictable southern African coast. In particular the region around the Cape has become known as a high risk area for oil pollution. On the 23rdJune 2000 the Panama registered bulk ore carrier “MV Treasure” sank 10 miles off Robben Island en route from Brazil to China and caused one of South Africa’s most serious environmental disasters ever. In this paper the author looks at the last voyage of the Treasure and the efforts made to counteract the consequences of this disastrous oil spill. He then goes on to examine the legal aspects of the disaster, firstly by determining the Treasure's legal position in the relevant maritime zones. The author then addresses the questions of civil liability and compensation.
Also discussed is the interaction between the Treasure, the shipping industry and international and domestic legislation, and finally a critical examination of South Africa’s current statutory approach.

Year: 2000
Name: Perrin, Hervé-Alexander
Title: Substandard Shipping -- The "Erika": Failure of the Safety Net
Supervisor: Prof DJ Devine
Synopsis:

Year: 1999
Name: Wienburg, Warren A..
Title: Pirates on the Poopdeck - A Study of the International Law of Piracy
Supervisor: Prof DJ Devine
Synopsis:

Year: 1996
Name: Vidal T.
Title: Offshore Oil and Gas in Russia : the legal framework and the implications
Supervisor: Prof DJ Devine
Synopsis:

Year: 1995
Name: Herman A. M.
Title: States Enforcement of Standards to Reduce Vessel-Source Oil
Pollution : an analysis of legislative developments in the International Law of the Sea
Supervisor: Prof DJ Devine
Synopsis:

Year: 1995
Name: Shadel T. N.
Title: Lloyd's Open Form 1980 and 1990 : born of necessity, has it succeeded?
Supervisor: Prof DJ Devine
Synopsis: The problems faced by the salvage industry caused by developments in the shipping industry are discussed in detail with an analysis of the salvage contracts available for this service. In particular it is asked whether the LOF 1980 and 1990 forms cater for modern developments in the traditional concept of marine salvage.

Year: 1994
Name: Boss G. J.
Title: The Merits of the Regional Seas : Programme for Southern Africa
Supervisor: Prof DJ Devine
Synopsis:

Year: 1994
Name: Sheard C. H.
Title: The Distressed Ship : her right of refuge and the coastal state
Supervisor: Prof DJ Devine
Synopsis: There is an obvious potential for conflict between a coastal states obligation to allow "refuge" and a coastal state's right to protect itself against pollution and other potential hazards occasioned by the distressed ship. The object of this paper is to discuss this situation by first analysing any relevant definitions, examining in detail the laws and practices affecting the coastal states and distressed ships discussing conflicts in certain actual incidents. Salvage is also discussed in relation to this problem.

Year: 1994
Name: Sun R. K.
Title: A Common Maritime Regime for the South China Sea
Supervisor: Prof DJ Devine
Synopsis:

Year: 1993
Name: De Behar M. G.
Title: Access to Living Marine Resources in the Argentinian Offshore : with particular relevance to the member states of the European Economic Community
Supervisor: Prof DJ Devine
Synopsis:

Year: 1993
Name: Van Geuns C. E.
Title: Legal Aspects of the Conservation and Exploitation of Off-Shore Living Marine Resources in Antarctica
Supervisor: Mr Jan Glasewski
Synopsis:

Year: 1993
Name: Vrancken P. H. G.
Title: Conflits possibles dans la Zone Internationale des fonds marins et les eaux et espace aerien surjacents entre Etats parties et Etats non parties a la Convention des Nations Unies sur le Droit de la Mer
Supervisor: Prof DJ Devine
Synopsis:

Year: 1992
Name: Nel C. B.
Title: The Applicable Legal System to Govern Seamen's Contracts : a study and comparison of the jurisdictional requirements of the South African Merchant Shipping and Labour Relations Acts with the current international shipping and legal trends
Supervisor:
Synopsis:

Year: 1991
Name: Allen B. L.
Title: Coastal State Control over Historic Wrecks situated on the Continental Shelf as defined in Article 76 of the Law of the Sea Convention 1982
Supervisor: Prof DJ Devine
Synopsis: An examination of the Coastal States rights, jurisdiction, and control in respect of Historic Wrecks situated on the Continental Shelf in relation to the current Conventional and Customary Law.

Year: 1991
Name: Hamman D. B.
Title: River and Maritime Boundaries between South Africa and Namibia
Supervisor: Prof DJ Devine
Synopsis:

Year: 1991
Name: Shalala B. P.
Title: The Maritime Status of Hybrid Craft
Supervisor: Prof DJ Devine
Synopsis:

Year: 1991
Name: Gavin C. J.
Title: Public Rights in the Coastal Zone
Supervisor: Mr Jan Glasewski
Synopsis:

Year: 1991
Name: Heydorn A.
Title: Comments on the Evolution of Legislation for the Protection and Preservation of Historical Shipwrecks in South Africa
Supervisor:Prof D J Devine
Synopsis:

Year: 1991
Name: Van Eeden P. A.
Title: Aspects of Limitations on the Liability of Tanker Owners for Oil Pollution Damage on the South African Coast and Maritime Zones
Supervisor: Mr Jan Glasewski
Synopsis: The oil traffic route around South Africa is one of the most heavily utilsed in the world, any incident is potentially very serious to SA commercial interests and maritime environment. This dissertation deals with the liability that may result for the owners of tankers carrying oil should such tankers cause damage by pollution to the coast and Sea; specifically in the context of the Prevention and Combating of Pollution of the Sea by Oil Act (The Act). The Act is discussed in relation to the Civil Liability Convention of 1969 an certain common law provisions.

Year: 1990
Name: Guy N. R.
Title: The Lateral and Vertical Limits of a Hypothetical Republic of South Africa Continental Shelf according with International Law and in particular Articles 76, 83 and 84 of the United Nations Law of the Sea Convention (1982)
Supervisor: Prof DJ Devine
Synopsis:

Year: 1990
Name: Sun R. K.
Title: The Problem of Delimitation of the Exclusive Economic Zone between Taiwan and the Philippines : with special reference to the legality of their claims
Supervisor: Prof DJ Devine
Synopsis:

Year: 1989
Name: Gough M. P.
Title: Aerial Jurisdiction : with specific reference to safety zones surrounding maritime installations
Supervisor: Prof DJ Devine
Synopsis:

Year: 1989
Name: Trappler G. N.
Title: The Legal Relevance of Man-Made Constructions in Maritime Zones
Supervisor: Prof DJ Devine
Synopsis:

Year: 1988
Name: Guy N. R.
Title: The Liability in Delict of the State Hydrographer
Supervisor: Prof DJ Devine
Synopsis:

Year: 1988
Name: Jackson L. F.
Title: International Marine Pollution Conventions and the Independent Homelands of South Africa
Supervisor: Prof DJ Devine
Synopsis:

Year: 1988
Name: Lark K. R.
Title: The Law Relating to the Confiscation of Vessels and Related Objects in South African and Neighbouring Waters
Objects in South African and Neighbouring Waters
Supervisor: Prof DJ Devine
Synopsis:

Year: 1988
Name: Schippers A.
Title: The Extent of Rights Under the Soekor Leases
Supervisor: Prof DJ Devine
Synopsis:

Year: 1988
Name: Orford T. M.
Title: The Iran-Iraq Conflict : recent developments in the International Law of Naval Engagements
Supervisor: Prof D J Devine
Synopsis:

Year: 1987
Name: Cole J. D.
Title: Legal Restraints Imposed by South African Legislation on Commercial Exploitation of Pelagic Fish
Commercial Exploitation of Pelagic Fish
Supervisor: Prof DJ Devine
Synopsis:

Year: 1987
Name: Hamman D. B.
Title: Passage Rights Through Straights
Supervisor: Prof DJ Devine
Synopsis:

Year: 1987
Name: Kuhl H. M.
Title: Baseline Determination : an examination with special reference to the low-water mark
the low-water mark
Supervisor: Prof DJ Devine
Synopsis:

Year: 1987
Name: Monteiro P. M. S.
Title: Marion and Prince Edward Islands : the legal regime of the adjacent maritime zones
maritime zones
Supervisor: Prof DJ Devine
Synopsis:

Year: 1987
Name: Siddle A. M.
Title: The International Collision Regulations in the Context of International Law and the Municipal Law of the United Kingdom and of South Africa : a critical analysis
Supervisor: Prof DJ Devine
Synopsis: The role of the international provisions concerning collisions at Sea are considered in this paper specifically in regard to the preventative and regulatory aspects of the law. A brief history of the regulations is provided; with an examination of the role of the IMO and participation by states. State Jurisdiction, incorporation into municipal law, principles of interpretation and application of the regulations are analysed with a discussion of the consequences of non-observance of the regulations.