2007
Updated
24 June 2008
Year: 2007
Name: Napo Edward RAMODIBEDI
Title: Carriage of Goods in Africa: The
Past, the Present and the Future
Supervisor: Professor John Hare
Synopsis: The purpose of this dissertation
is to analyse critically the proposed CMI/UNCITRAL Draft Convention on
the Carriage of Goods [Wholly or Partly] by Sea, from an African
perspective. Save for particular problems outlined in the dissertation,
it would seem that the current Draft is largely favourable as far as
African interests are concerned, and that the Drafters heeded calls for
all nations to devise measures to help developing countries to build up
their maritime and other means of transport facilities.
Year: 2007
Name: Jan-Niklaas BRONS
Title: The Final Leg of a Time Charter --
Developments after The Achilleas
Supervisor: Professor John Hare
Synopsis: Part A of this two-part thesis
gives a general description and nature of a time charter and how
it differs from other common charter forms. In Part B the case of The
Achilleas is briefly explained, the award and judgment are commented
on and, where it seems to be necessary, recommendations for future
developments are made.
FULL TEXT HERE.
Year: 2007
Name: Eve DE CONING
Title: The legal concept of Seaworthiness,
its implication in the law and the impact of the ISM Code
Supervisor: Professor John Hare
Synopsis: As a legal concept created to set
a standard which may be applied to a multitude of factual circumstances,
seaworthiness has developed from its ancient roots until this day into
being both ubiquitous and multifaceted. As such the object of this
thesis is to put seaworthiness in its legal context. In this regard the
focus of the thesis is three identified aspects of seaworthiness: the
legal concept of seaworthiness; the application of seaworthiness in law;
and the impact of the International Safety Management (ISM) Code upon
the implication of seaworthiness in law.
Year: 2007
Name: Christian FINNERN
Title: The 'Pay to be paid" rule -- Shipowners' bankruptcy and
direct actions against P&I Clubs
Supervisor: Professor John Hare
Synopsis: This paper attempts to draw the
reader's attention to the different approaches of various legal systems
upon how to handle the issues arising out of an injured party's claim
against the shipowner's P&I Club in the case of the defendant assured's
bankruptcy. On the one hand, the intention of protecting the injured
party on the basis of public policy has been pointed out. On the other
hand, it appears that the English solution is mainly based on the
stipulations of the contract concluded between Club and member.
FULL TEXT HERE
Year: 2007
Name: Vincent Michael MAYERHOFER
Title: Arrest of Ships in Germany
and South Africa -- a comparison.
Supervisor: Professor John Hare
Synopsis: This thesis aims at comparing two
completely different legal systems -- one a mixture of different legal
traditions and the other a classical civil law jurisdiction. The thesis
takes a practical approach to show differences and similarities that are
relevant for the praxis. Thus it does not focus much on the historical
background, but rather shows the law and procedures as they are now. In
addition to the two legal systems, the thesis presents some important
points of the relevant international conventions since they have become
very important in world shipping.
Year: 2007
Name: Raphael BRUNNER
Title:
‘Electronic
transport documents and shipping practice : not yet a married couple’.
Supervisor: Professor John Hare
Synopsis: The thesis begins by describing the role of transport documents in an
international trade transaction. It then analyses the requirements for a
successful substitution of paper documents by electronic documents, and
give an overview of previous attempts to provide EDI systems and analyse
their relative lack of success. In the last part we examine the UNCITRAL
Draft Instrument on Transport Law and how the actual draft could change
the situation regarding the use and success of electronic transport
documents.
FULL TEXT HERE.
Year: 2007
Name: Simbarashe Tafadzwa CHITANDO
Title:
‘The relevance and
influence of the South African Constitution on Maritime Law’.
Supervisor: Professor John Hare
Synopsis: Today's Maritime Law is no longer confined to the traditional common law
principles that existed previously. The Constitution, as the supreme
law. pervades the fabric of the legal system and is now the ultimate
guarantor of justiciable maritime rights in South Africa. South African
courts are obligated to give the fullest protection of the law whenever
a provision in the Bill of Rights is infringed.
FULL TEXT HERE.
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2006
Year:
2006
Name: Sylvia Manuela TESTA
Title:
‘Has the House of
Lords judgment in The Starsin Killed Off the Demise Clause?’.
Supervisor: Professor John Hare
Synopsis: The approach to the demise clause taken by English courts has often led
to rather surprising and inequitable results. The decision of the House
of Lords in The Starsin in 2003 showed a shift away from complex
interpretations of competing factors on the bill of lading. This,
coupled with the influence of UCP 500 on the requirements regarding
information provided by a carrier on the bill of lading hopefully means
that The Starsin will be a judgment followed in the future,
marking a distinct change in direction, and signalling the end of the
demise clause.
FULL TEXT HERE
Year:
2006
Name: ARNE STELZER
Title:
‘Establishing
Collision Claims in English and German Courts’.
Supervisor: Professor John Hare
Synopsis: The success of collision litigation (collision at sea or on the road)
depends on the procedural and tactical work of solicitors and of the
availability of information and not on the substantive law. Therefore
shipping lawyers in each country will accomplish a fundamental
collection of facts of the collision and then place the facts in a
methodical way in front of the proper court. Good law practice and good
seamanship have one overriding principle in common — Always choose the
safest way!
FULL TEXT HERE.
Year:
2006
Name: SIRIL S. VISNES
Title:
‘A comparative
analysis of ship arrest laws in Norway and South Africa’.
Supervisor: Professor John Hare
Synopsisr: The objective of this dissertation is to provide a new
perspective on the rules of the arrest of ships in Norwegian law by
comparison with the South African rules which possibly constitute the
most liberal arrest regime in the world.
A relatively large portion of the dissertation is dedicated to the
history of the arrest, as knowledge of how the remedy has developed is
necessary to understand why and how the contemporary Norwegian and South
African rules differ. The historical examination of the arrest will also
serve as an explanation of why the rules in common and civil law
countries have traditionally been somewhat different. This is of
interest as it was the differences between civil and common law which
lead to the 1952 Arrest Convention.
FULL TEXT HERE in .PDF
format.
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2005
Year:
2005
Name: Veerle VANNEUVILLE
Title:
‘Places of Refuge
: Liability and compensation for damage ’.
Supervisor: Professor John Hare
Synopsis: This thesis examines the conflict
between two principles of customary international law. On the one hand
there is the humanitarian right of a ship and its crew in danger to
receive help and assistance. On the other hand, coastal states have the
right to protect their territory against environmental and other damage.
The author of this thesis has tried to present an overview of the
compensation possibilities for victims in a place of refuge situation.
It must be concluded that the current regime for liability and
compensation of pollution damage is unsatisfactory. Further developments
at international, regional and national level regarding the liability
and compensation of damage in a place of refuge situation are
anticipated.
Full text here.
Year:
2005
Name: Megan VAN ZYL
Title:
‘An analysis of
the objectives and general principles of the United Nations Educational,
Scientific and Cultural Organisation's Convention on the Protection of
Underwater Cultural Heritage (UCH) ’.
Supervisor: Professor John Hare
Synopsis: The UCH Convention represents the
first comprehensive global attempt to protect the world's UCH. An
estimated 3-million undiscovered shipwrecks exist across the world's
ocean floors, many of which escape any national control. They are under
threat from the legitimate sea-users, and the unauthorised activities of
the so-called "treasure hunters", who seek to recover artefacts from
sunken vessels and profit therefrom. An increasing number of wreck sites
are being located and looted by treasure-hunters, which results in the
loss of material of irreplaceable value for the study of our history.
Rapid and widespread ratification of the UCH Convention will ensure
greater protection of the world's underwater cultural heritage, though a
number of questions remain unanswered. But unless and until the UCH
Convention is widely adopted it will be possible for treasure salvors to
evade its controls.
FULL TEXT HERE
to open the .PDF file in a new window.
Year:
2005
Name: Anneke Elizé VILJOEN
Title:
‘The duty of care
of the National Ports Authority as the marine traffic regulator to
vessels in the vessel traffic zone’.
Supervisor: Professor John Hare
Synopsis: In this thesis the caustic approach
of the English courts to the concept of "duty of care" is analysed and
the position in accordance with South African law is considered with
reference to the relevant South African statutes and regulations. The
problem focuses on the differentiation which forms an important part of
both the English law of tort and the South African law of delict,
between omissions and positive conduct. In summary, it can be said that
active intervention in the navigation of a vessel, if careless, will be
likely to attract liability. Non-intervention could avoid exposure
unless advertised as provided.
FULL TEXT HERE — Go to:
http://lawspace.law.uct.ac.za:8080/dspace/bitstream/2165/62/1/ViljoenE+2005.pdf
and open the PDF
file in a new window.
Year: 2005
Name:
Mariagrazia BIANCOSPINO
Title:
‘What needs to be
changed in the South African legislation in order to achieve the aim of
the Maritime Charter? An analysis of the legislative framework with
reference to Italy’.
Supervisor: Mr Robert Knutzen
Synopsis: Through the BEE Act the South
African government has embarked on a process of economic transformation;
the maritime sector has produced a Charter which came into effect in
July 2004, whose aim is totally unrealistic within the context of the
present legislative framework. This thesis examines the reasons for the
decline of the South African shipping industry and makes some
recommendations as to how South African legislation can be improved.
Year:
2005
Name: Tim
SCHOMMER
Title:
‘Some thoughts
with regard to liability regime and scope of application of the UNCITRAL
Draft Document on the Carriage of Goods [wholly or partly] [by sea]’.
Supervisor: Professor John Hare
Synopsis: The growth of containerised
transport and the technological developments improving the systems for
transferring cargo between different modes have considerably affected
modern transport patterns and practices, but have had hardly any legal
impact as there is still no international uniform regime in force that
governs liability for loss, damage or delay arising from multi-modal
transport. Therefore, a lot depends on the contractual relation between
shipper and carrier. This thesis gives an overview of the most important
regimes governing uniform transport; presents several theoretical
approaches; and evaluates the Draft Instrument in respect of its scope
of application, liability regime and provisions governing the conflict
with other international conventions.
FULL TEXT HERE — Go to:
http://lawspace.law.uct.ac.za:8080/dspace/bitstream/2165/59/1/SchommerT+2005.pdf
and open the
.PDF file in a new window.
Year:
2005
Name:
Christopher NAIDOO
Title:
‘The operation of
SCOPIC as an add-on to Lloyd's Open Form — against the Common Law of
Salvage and the 1989 Convention on Salvage’.
Supervisor: Professor John Hare
Synopsis: to follow
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2004
Year: 2004
Name: Martin KROEGER
Title: The new Protocol of 2002 to the
Athens Convention relating to the Carriage of Passengers and their
Luggage by Sea, 1974
Necessity and consequences of the main amendments introduced by the
Protocol 2002.
Supervisor: Prof J.E. Hare (LLM by Course Work)
Synopsis: Generally, the Protocol 2002 offers
the passenger much greater protection than its predecessor, the Athens
Convention 1974. How far the carriers' and passengers' interests are met
through the regulations of the Protocol 2002 very much depends on the
outcome of the discussions within the P&I Clubs on the availability of
insurance cover and if a practical and workable solution can be reached
that satisfies the carrier, the passenger and the insurer.
Year:
2004
Name:
Florian KOLB
Title:
‘International
Uniformity and the carriage of goods by sea’.
Supervisor: Professor J.E. Hare
Synopsis: The importance of international
uniformity in the law governing international transport by sea has been
widely recognised, since by its nature sea carriage crosses
international boundaries and involves different legal systems. Generally
speaking, the need to harmonise the liability rules is now stronger than
ever, and more States have their independent ideas and interests in
formulating rules than 80 years ago when the Hague Rules were
elaborated. The international community is tackling the issue and the
success of the UNCITRAL project will largely depend on whether the
commercial interests will be able to agree on a compromise which
represents an appropriate balance in which the needs of every major
interest are addressed. Otherwise the current trend towards
de-harmonisation will continue and international carriage of goods by
sea will increasingly be governed by divergent national regimes.
Year: 2004
Name:
Daniel
WOLLENBERG
Title:
‘The development
of the International Regime of Civil Liability arising from Marine Oil
Pollution and the present situation in South Africa.
Supervisor: Prof D. Devine and Prof J.E. Hare
Synopsis: Almost every year stormy weather
places ships on our seas in enormously dangerous situations, especially
oil tankers in distress. The oil pollution of oceans and coasts and the
liability for the damage caused is still an issue. The question that
arises is, who should bear the costs for compensating those who suffer
damages as a result of marine oil pollution, and to what extend do
victims get compensated:
Year: 2004
Name:
Alexander NESKAKIS
Title:
‘The scope of the
associated ship arrest in South African Admiralty Law’.
Supervisor: Mr Graham Bradfield
Synopsis:
The dissertation
undertakes an analysis of the ‘associated arrest’ provisions of the
Admiralty Jurisdiction Regulation Act 105 of 1983, as amended, and
examines some of the problems that have arisen in their application.
It contains discussion of the most important cases that have arisen for
decision in the South African courts in this regard. It proposes
solutions aimed at clarifying certain issues relating to the
interpretation of the provisions.
Year: 2004
Name: Jaco RABIE
Title:
‘The legal nature
of the bill of lading in the context of its role as a document of title
and evidence of the contract of carriage’
Supervisor: Mr Graham Bradfield
Synopsis:
The dissertation
examines definitions of ‘order’ and ‘straight’ bills of lading and the
role of the bill of lading as evidence of the contract of carriage and
document of title. It deals specifically with the acquisition of
rights and obligations by third parties.
Year: 2004
Name:
Michael WAGNER
Title:
‘Modern shipping
law – can section 6 of the admiralty jurisdiction regulation act be
discarded with impunity? – a comparative study’.
Supervisor: Mr Graham Bradfield
Synopsis:
The dissertation
subjects the provisions of s 6 of the Admiralty Jurisdiction Regulation
Act 105 of 1983, as amended, to critical analysis. It examines the
history of the section and the position with regard to the law
applicable in other comparable jurisdictions, notably Australian,
Canada, and the USA.
Year: 2004
Name:
Neusa MONJANE
Title:
‘Mozambican and
South African law of salvage: a comparative analysis and the need for a
defined and uniform law of salvage in Mozambique. The 1910 versus
the 1989 convention.’
Supervisor: Mr Graham Bradfield
Synopsis:
The dissertation
surveys the present law of salvage in Mozambique and identifies its
unsatisfactory aspects. It examines the position in South African
leading up to the adoption of the 1989 Salvage Convention in the Wreck
and Salvage Act 96 of 1994. This is done as a basis for proposing
the enactment of that convention in the domestic law of Mozambique to
bring the law of salvage in that country up to date and to impart a
greater measure of clarity to this area of law in that country.
Year: 2004
Name:
Nina KÖBERNIK
Title:
‘The regulation of
the shipper’s liability for the carriage of dangerous goods in English
law, American law and in international conventions’.
Supervisor: Mr Graham Bradfield
Synopsis:
This dissertation
examines the regulation of shippers’ liability for damage arising from
the carriage of dangerous goods through a comparative analysis of the
legislation and court decisions in the United Kingdom, the United States
and under international conventions. It deals with the definition
of ‘dangerous goods’ and subjects the regulatory regimes and court
decisions to critical analysis.
Year: 2004
Name:
Johan Steyn BOTHA
Title:
‘South African
maritime credit security: an international perspective’
Supervisor: Mr Graham Bradfield
Synopsis:
The dissertation
looks at the various forms of maritime security available to maritime
lenders in South Africa and addresses the issue of whether the current
dispensation in South Africa offers an attractive climate for shipowners
and financiers in this regard. It evaluates the efficacy of some
of these forms of maritime security, notably the ship or marine mortgage
bond.
Year:
2004
Name: Claude POHLIT
Title: New Developments in Maritime
Security and their Impact on International Shipping.
Supervisor: Prof J.E. Hare
Synopsis: Security has been taken very
seriously following the September 11 disaster in the USA. This paper
examines the legal issues surrounding the prevention of maritime
terrorism, especially IMO and American initiatives, and highlights the
effects of these measures on the relationship between shipowners and
charterers as well as between carrier and cargo.
FULL TEXT HERE — Go to: http://lawspace.law.uct.ac.za:8080/dspace/bitstream/2165/233/1/PohlitC+2004.pdf
and open the
.PDF file in a new window.
Year:
2004
Name: Florian SPERL
Title: Inland Waterways and Transport in
Europe. The Legal Regimes.
Supervisor: Prof J.E. Hare
Synopsis: Facts and figures on inland
waterway transport in the E.U.; The current situation of inland navigation
in Europe; Forecast of transport volumes in inland navigation; Regime of
navigation on European inland waterways; The Budapest Convention on the
contract for the carriage of goods by inland waterway.
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2003
Year: 2003
Name: Elmar Oskar Clemens SCHLEIF
Title: The foreign ship and the State: a
general review of coastal state jurisdiction over foreign merchant
vessels in internal waters and the territorial sea.
Supervisor: Prof J.E. Hare
Synopsis: This work deals with a number of
problems concerning the jurisdiction that coastal states can exercise
over foreign vessels in their internal waters and territorial sea.
Consequently, a corresponding number of solutions are presented and
doubts about the scope of legislative jurisdictional powers of coastal
states in the territorial sea have been clarified.
Year: 2003
Name: Emina DZINIC
Title: Case Study: "Ship accident and the
subsequent abandonment of the wreck in a protected convervation area".
(In part fulfilment of the requirements for the Postgraduate Diploma
in Law.)
Supervisor: Prof J.E. Hare
Synopsis: This work examines the legality of
the ship's documents, operation, accident and subsequent abandonment of
the wreck in the case of a vessel which, in May 2002, developed engine
trouble in bad weather when rounding Cape Point, and ran aground in the
Cape Point Nature Reserve restricted area. It gives an insight into the
relationships between the owner, various authorities involved and
certain individuals, and analyses the various factors involved.
Year: 2003
Name: Sigrid WETTWER
Title: Shipping in the scope of the World
Trade Organisation Maritime Transport Services.
Supervisor: Prof J.E. Hare
Synopsis: World-wide, trade in services is
enormously significant, amounting to well over one trillion US dollars
annually. Shipping remains by far the main mode of the international
transport of goods, but there is no agreement on shipping, ports and
auxiliary services. Negotiations aimed at improving maritime transport
services ended in June 1996 but participants failed to agree on a
package of commitments and negotiations resumed in 2000. The development
of the negotiations, the reasons for the laborious progress and
consequences for trade are discussed in this dissertation.
Year: 2003
Name: Jan Hofmeyer SLABBERT
Title: "The implied undertaking of
seaworthiness at the commencement of a voyage".
Supervisor: Prof J.E. Hare
Synopsis: This dissertation examines the
development of the doctrine of seaworthiness and the possible direction
of any future development as a consequence of the demands of multi-modal
transport and increased concern about the protection of the environment.
Year: 2003
Name: Clara AUGUSTINE
Title: Duty of Disclosure in insurance
contracts.
Supervisor: Prof J.E. Hare
Synopsis: "Good faith" in South Africa; the
principle of Uberrima Fides; Duty of disclosure and
misrepresentation; What needs to be disclosed; Duration of duty of
disclosure; Waiver of right to information by insurer; Non-disclosure in
marine insurance; Effect of non-disclosure.
Year: 2003
Name: Peter Charles DAWSON
Title: Ships' mortgages and dual flagging;
an analysis of Cook Islands law with reference to South Africa and New
Zealand.
Supervisor: Prof J.E. Hare
Synopsis: The nature and characteristics of
vessel mortgages; Vessel mortgages in Cook Islands, South Africa and New
Zealand; Private Law considerations and Conflicts of Laws; The Dual
Flagging dilemma.
Year: 2003
Name: Tan Twan Eng
Title: Can Intellectual Property Rights
form a part of the Salvors' Traditional Rights, and Can a Balance be
achieved between them?
The position of English, American and South African Salvors in the light
of the recent decisions of the RMS Titanic cases in the United
States of America.
Supervisor: Prof J.E. Hare
Synopsis: A review of Salvage Law as it
existed before the discovery of the RMS Titanic wreck, and the
subsequent disputes about "ownership" of the wreck. The laws of several
maritime nations relating to Intellectual Property is examined,
including Law of Copyright, of Trademarks and of Trade Secrets are
examined and suggestions are made regarding the way forward.
Full text here (in PDF
format).
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2002
Year: 2002
Name: Dunster, Rennard.
Title: The Quest for a Uniform Multimodal
Regime: Persevere, Abandon or Start Again?
Supervisor: Prof J.E. Hare
Synopsis:
The multimodal transport industry is inherently
complicated. The first attempts made to solve the problems can be traced
back to 1913. To date, however, all attempts at producing a convention, or
set of rules, to bring uniformity to multimodal transport have failed.
This thesis provides a brief background to multimodal transport and an
overview of the current problems. There appear to be no new solutions to
the problems faced and, despite years of effort a final solution is not
yet visible. Despite this, I believe I have proposed some original ideas
that may, in the future, interest anyone charged with finding a new
solution.
Full text
here.
Year: 2002
Name: Badat, Fatima A.
Title: The Doctrine of Deviation in the
Carriage of Goods by Sea. An analysis of the English and American
approaches toward the Doctrine of Deviation.
Supervisor: Prof J.E. Hare
Synopsis:
This work examines the historical and current law of
the UK and of the USA relating to deviation from the terms of contracts
for the carriage of goods by sea. Historical roots in the doctrine are
found in geographical deviation from contractual routes, and those roots
are then traced through their development into comparatively short-lived
English law doctrine of fundamental breach. Deviation in relation to deck
cargo is examined, as is the affect of such deviation on limitation of the
carrier's liability under the Hague/Visby Rules. Comment is made on
deviation in voyage charterparties. The author concludes that deviation in
carriage should be brought into line with the general law of contract.
Year:
2002
Name: Botes, Johan H.
Title: Good Faith and Utmost Good Faith in
Marine Insurance.
Supervisor: Prof J.E. Hare
Synopsis: This dissertation tackles a dilemma
not too unfamiliar to South African lawyers, namely that of the principles
of bona fides and uberrima fides, particularly in the
context of international marine insurance. The first part of this work
discusses the concept of utmost good faith in marine insurance as it
manifests itself in English law. The second part attempts to delineate the
origins of bona fides in Roman and civilian law, and thereafter the
development of the marine insurance contract is discussed. The effect of
bona fides in marine insurance in Europe is demonstrated by referring
to its application under the German and French laws of marine insurance.
The author concludes that the principle of utmost good faith is in fact
foreign to marine insurance, and that the law Lords of Britain tended in
recent jurisprudence on the topic, to temper it, moving more toward an
acceptance of the acknowledged principle of good faith.
Year:
2002
Name: Colly, D.J.
Title: Free and Innocent Passage -- An
examination of the different perspectives regarding ships stopping and
anchoring around the South African coast.
Submitted in part fulfilment of the requirements for the Postgraduate
Diploma in Maritime Law, the other part being the completion of a
programme of approved courses.
Supervisor: Prof J.E. Hare
Synopsis: This paper provides a look at the
problems with which the South African Maritime Safety Authority and its
officers have to deal in a day’s work. The author sketches a balanced, but
critical picture of the interaction between the Masters of the vessels
that pass or seek the refuge of South African waters, the officers of
SAMSA, and the legislation and resources with which they have to manage
and protect the South African coast. He concludes with suggestions as to
how these problems should be dealt with.
Year: 2002
Name: Cunha, Luis Nenè
Title: The Information Super cul de sac:
Troubled Waters for Shipping Jurisdiction
Supervisor: Prof J.E. Hare
Synopsis:
This dissertation reviews current trends and
regulation of the use of electronic solutions in shipping contracts. These
are compared to and contrasted with historical contract law, with
parallels being drawn to Admiralty Jurisdiction, especially in S.A. An
analysis is given of the proposed Electronic Communications Bill, and a
short review is provided of the UNCITRAL Model Law. Comparisons are then
drawn with the UK and USA treatment of electronic documentation, with
particular reference to jurisdictional issues. The work concludes with
suggested solutions being proffered.
Year: 2002
Name: Dos Santos, Adam Ivo.
Title: Security within the South African
Admiralty Jurisdiction.
Supervisor: Prof J.E. Hare
Synopsis:
This dissertation reviews the admiralty law and
practice in SA relating to arrest and release security, security arrests
(where the merits are to be tried elsewhere than the arrest forum),
security for costs, and counter-security. The current cases are analysed
in relation to the Admiralty Jurisdiction Regulation Act's provisions
dealing with security. The author ventures suggestions as to where current
cases may have 'missed the boat', and recommendations are made for reform.
[Website note: The work was submitted before the Supreme Court of
Appeal decision in The Merak S was handed down. The author will be
reviewing the thesis in the light of that decision and the updated text
will be published on our site.]
Year: 2002
Name: Downing, Alistair James.
Title: A Possible Solution to Wreck
Ownership Issues in South Africa: Section 28 of the National Heritage
Resources Act, Act 25 of 1999.
Supervisor: Prof J.E. Hare
Synopsis:
An analysis of the effects of the National Heritage
Resources Act on the private ownership of wrecks situated in the SA
coastal jurisdiction. The author examines aspects of the Act, especially
sec 35, which seeks to appropriate to the State ownership of any wreck
more than 50 years old, whether in private ownership or not. The author
argues that this section is contrary to the Constitution, and that the
Commission established under the Act should concentrate more on the use of
"protected areas" around known wrecks of historic value. The author has
considerable practical experience in wreck diving and location, and puts
his own perspective on his academic arguments.
Year: 2002
Name: Filz, Katrin M.V.
Title: Identification of the (Contr)actual
Carrier Under Bills of Lading
Supervisor: Prof J.E. Hare
Synopsis:
This comprehensive work deals with the nature of the
carrier in SA and English law, with a comparative perspective offered of
American, Canadian and European laws. The author analyses case law from
these various jurisdictions in some detail, and looks also at the Hamburg
Rules and UNCITRAL/CMI Draft Transport Convention. In the light of this
analysis, the author offers proposals in terms of which the law would
recognise better tests of the identity of the carrier. A very
comprehensive bibliography and list of cases is given.
Year: 2002
Name: Luecke, Volker Bernhard Josef.
Title: The Shipping Industry and
Employment Equity.
Supervisor: Prof J.E. Hare
Synopsis:
A review of the affirmative action policy and
legislation designed to redress the inequities in the current SA labour
market. The author focuses on seamen, though concedes that the seaman is
as any other employee, and that therefore general principles of employment
equity apply equally to shipping.
The socio-legal background to affirmative employment policy is examined
and a critical review undertaken, in the context of the SA constitution,
governmental measures and private company initiatives. A comparison is
made with European Law, and conclusions on the efficacy of current
policies are offered.
Year:
2002
Name: Rew, Belinda-Kim
Title: The Financing of International
Trade Transactions: A comparative study of the UCP 500, incorporating the
eUCP, and the United Nations Convention on Independent Guarantees and
Stand-By Letters of Credit.
Supervisor: Prof J.E. Hare
Synopsis: This paper examines how independent
bank guarantees and commercial letters of credit are used to finance
international trade transactions. The author looks at the nature and
characteristics of these instruments. Further to this, she discusses the
issues concerning the rules and practices governing their use by means of
a comparative study of how the Uniform Customs and Practice for
documentary Credits (1993), i.e. the “UCP 500”, the United Nations
Convention on Independent Guarantees and Stand-by Letters of credit,
i.e. the “UN Convention” and the supplementary e-UCP address these
issues. She concludes with a short evaluation of the success of the UN
Convention in providing standard terms and rules on the international
finance market.
Year: 2002
Name: Surjan, Melita.
Title: Title to Sue at the Dawning of the
Sea Transport Documents Act, No. 65 of 2000 : A Comparative Analysis
Supervisor: Prof J.E. Hare
Synopsis:
To follow
(Full text available in PDF
format and in MS Word format.
Download either onto your local hard disk to read/print.)
Year:
2002
Name: Tobien, Niels Onno.
Title: Port State Control in Europe
Supervisor: Prof J.E. Hare
Synopsis: This dissertation provides an
in-depth analysis and evaluation of the two instruments governing Port
State Control in Europe namely the Paris Memorandum of Agreement and the
EC Directive on Port State Control, which made the Paris Memorandum of
Agreement mandatory in Europe. The author concludes that although the EC
Directive improved effectiveness of Port State Control in Europe, this is
particularly so because of the unique legal order of the EU. Therefore,
although Europe may contribute much of its experience on the issue of Port
State Control on an international level, it might not be wise to lobby for
an international convention on the issue.
Year:
2002
Name: Vouma, Leonard Yonel Nziami.
Title: The Law and Practice of Agency
Business in the South African Shipping Industry
(Posgraduate Diploma in Law - Shipping Law)
Supervisor: Prof J.E. Hare
Synopsis:
This Postgraduate Diploma in Shipping Law dissertation is the first
research work dealing specifically with the law of agency as it applies to
shipping. The general nature of agency in the law is examined, and
thereafter the author looks at the law of agency as applied to ships'
agents, shipbrokers, forwarders, and the role of the National Port
Authority as landing agents. The liability of agents is examined,
including an outline of the approach of the SA courts to the Himalaya
Clause.
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2001
Year: 2001
Name: Hillmer, Clemens-Christoph.
Title: Liner Conferences and Consortia in
the Light of EC Competition Law
Supervisor: Prof J.E. Hare
Synopsis:
The opponents of liner conferences regard them as
anti-competitive cartels which manipulate markets to the detriment of
shippers and competition generally. The proponents, however, take the view
that conferences help coordinate shipping services and enable proper
utilisation of resources. This study argues that the truth lies somewhere
between: liner conferences and consortia have a beneficial role, provided
they are carefully monitored and, if necessary, controlled. The paper
contains a detailed analysis of EU competition law as it relates to liner
conferences and shipping consortia.
Year: 2001
Name: BOSHOF, Charl de Waal.
Title: The Duties and Liabilities of the
Various Parties when shipping Dangerous Cargo.
Supervisor: Prof J.E. Hare
Synopsis:
What is "dangerous cargo" and
who decides when cargo is dangerous?; South African measures; duties and
liabilities of the parties when shipping dangerous goods; "Bad Luck"
incidents; general average; Liability in tort for negligence — the Orjula;
apportionment of damages when shipping dangerous cargo; Other parties;
Charterparties and dangerous cargo clausess; New directions.
Year: 2001
Name: Jermyn, Glen D.
Title: Shipping Conferences and Antitrust
Exemption in North America from a Canadian Perspective: New Life in an Old
Debate
Supervisor: Prof J.E. Hare
Synopsis:
This study argues that Canada has made the decisions
that it has regarding conferences legislation in order to remain
consistent with the policies of the U.S.A., its largest trading partner,
and to a lesser extent with other major maritime states around the world.
The paper analyses the debate for and against liner conferences and
consortia being one of the only significant areas of international
commercial activity which are exempted from antitrust laws. It focuses
primarily on the US and Canada.
Year: 2001
Name: Mason, Hu Wei
Title: Limitation of Shipowners' Liability
for Maritime Claims in South Africa and in People's Republic of China.
Supervisor: Prof J.E. Hare
Synopsis:
An analysis of the history, content and effect of
the shipowner's statutory right to limit liability under the laws of the
People's Republic of China. A comparison is drawn between limitation in
the PRC and in South Africa.
Year: 2001
Name: Kotze, Johannes Hendrik
Title: Asbatankvoy: A Charterer's Form?
Problems and Pitfalls.
Supervisor: Prof J.E. Hare
Synopsis:
Asbatankvoy is the most widely used voyage charter
for individual tankers and independent traders. It is designed to
negotiate the specific difficulties and risks particular to the shipment
of bulk chemicals from the point of view of an independent bulk charterer.
In this paper the author looks at the interpretation and applicable law
before examining it’s practical application and the clauses contained
therein.
Year: 2001
Name: Jones, Julian Cecil Arthur
Title: The Bank's Duty to pay under letter
of credit law. An analysis of both the UCP 500 and revised article 5 of
the Uniform Commercial Code.
Supervisor: Prof J.E. Hare
Synopsis:
The advent of the new technological age and the
globalisation of business has brought with it certain risks. The
documentary letter of credit has become a common financial instrument in
the financing of international sales transactions which serves to
alleviate many of the risks involved. However certain practical
difficulties exist in the application of legal principles applicable to
letters of credit. In this paper the author focuses on certain aspects of
letters of credit in international business and particularly within the
USA as it is the only country to have codified the rules applicable to
letters of credit within it’s domestic boundaries. The focus of the paper
is on the bank’s duty to pay in terms of a letter of credit, looking at
the documentary nature of the letter of credit and the banks duty to
inspect such documents. The author also addresses the impact of fraud on
the banks duty to pay, with reference to foreign and South African case
law in this regard.
Year:
2001
Name: Hagenmeier, Cornelius
Title: Flags of Convenience. Legal
responses to a 20th century shipping phenomenon.
Supervisor: Prof J.E. Hare
Synopsis:
This paper presents an examination of the various
attempts which have been made through international and municipal law to
halt the growing trend towards flags of convenience. The phenomenon is
given a detailed analysis including the underlying reasons for it’s
development and associated problems. The author goes on to discuss the
legal responses to flags of convenience from a Public International Law
perspective as well as national legal responses. Here the author draws on
the examples of the German International Ship Register (GIS) and the
Norwegian International Ship Register (NIS). In concluding the author
examines possible future responses to flags of convenience and
alternatives to the elimination of flags of convenience.
Year: 2001
Name: Muylle, Michiel
Title: "Perils of the Sea" in carriage of
goods by sea and policies of Marine Insurance: A comparative perspective
between the US, UK, Australia, South Africa and Belgium.
Supervisor: Prof J.E. Hare
Synopsis: In this paper the author looks at
the problem of erosion of international uniformity in the law governing
international carriage of goods by sea. This being a result of an
increasing tendency for countries to make unilateral modifications to the
text of the Hague or Hague-Visby Rules. Also of concern is the differing
national interpretations of the text. The author deals specifically with
the historic origin of the “perils of the sea” exception in article IV,
Rule 2(c) and its interpretation in the American, English, Australian,
South African and Belgian courts in relation to contracts of affreightment
and contracts of marine insurance. To conclude the author attempts to
establish what the original draughtsmen of the Hague Rules intended the
exception to mean.
Year: 2001
Name: Joubert, Gysbert
Title: Piracy: A Practical Study of the
Modern Day Problem.
Supervisor: Prof J.E. Hare
Synopsis: Modern day piracy is very much
alive and is an increasing threat to international trade in many parts of
the world. In the past few years the international maritime community have
been forced to take notice of this growing problem and to implement
measures in order to combat it. In this paper the author examines the
colourful history of piracy, dating back more than 3000 years to the
present day. He then looks at the modern day pirate, now usually acting as
part of a larger international criminal organisation and dangerously armed
with modern assault weapons who hijack whole ships and their cargoes. The
statistics of piracy over the years and actual examples of attacks
demonstrate the increasing threat of modern day piracy to international
shipping. The fight against piracy by organisations such as the
International Maritime Bureau, the International Maritime Organisation and
the International Mobile Satellite Organisation as well as by individual
governments is examined. Using actual examples the author demonstrates the
shortcomings of the “law of piracy” and the problem of bringing a
successful prosecution for organised piracy. The author concludes with an
in depth discussion of the new CMI Model Law and a look at the South
Africa situation.
Year:
2001
Name: Knopp, Jimmy
Title: Aspects of Admiralty Jurisdiction
applied to unfair dismissal claims of seamen and masters employed on South
African registered ships.
Supervisor: Prof J.E. Hare
Synopsis: The paper examines aspects related
to the unfair or wrongful dismissal of seamen employed on ships registered
in South Africa in terms of the Ship Registration Act of 1998. The author
attempts to set out the extent and scope of the protection offered to
seamen and Masters by the Labour Relations Act of 1995 in the context of
unfair dismissal by looking at the extent to which the Act is applicable
to those employed on South African ships where those ships are not
necessarily in South Africa, or where those seafarers have no connection
to South Africa beyond the flag of the ship.
The author further examines the dispute resolution system as well as other
protective pieces of labour legislation applicable in South Africa.
Ultimately the paper sets out to examine how an unfairly dismissed
seafarer may be able to take advantage of the rights and procedures
available to maritime claimants in pursuing their claims, possibly by
taking advantage of the security arrest procedures contained in the
Admiralty Jurisdiction Regulation Act 105 of 1983. Finally the author
looks at whether a claim for unfair dismissal may in certain circumstances
be one that attracts the maritime lien for wages.
Year:
2001
Name: Prain, Jeremy David
Title: The Transfer of rights and
liabilities on a bill of lading in terms of the Sea Transport Documents
Act, 2000 and the Carriage of Goods by Sea Act, 1992: A Comparison
Supervisor: Prof J.E. Hare
Synopsis: The purpose of the paper is to
examine the holder of a bill of lading’s title to sue and to be sued in
terms of the Carriage of Goods By Sea Act 1992 and the Sea Transport
Documents Act 2000, with particular reference to the position in South
Africa. The author provides a comparison of the two Acts and examines how
this legislation has remedied the shortcomings of The Bills of Lading Act
of 1855.
The author firstly examines the nature of a Bill of Lading as a “document
of title”, before looking at the shortcomings of the title to sue and the
transfer of liabilities as it was before the 2000 Act. The author then
examines both the Carriage of Goods by Sea Act 1992 and the Sea Transport
Documents Act 2000 in depth and their application to the questions at
hand.
Year:
2001
Name: Gehrke, Florian
Title: New attempts at Electronic
Documents in Transport. Bolero – the end of the experiment, the
beginning of the future?.
Supervisor: Prof J.E. Hare
Synopsis: In this thesis the author examines
a “revolution” taking place in the shipping industry brought on by the
development of computerisation, electronic commerce and the change from
paper documentation to electronic documentation in the carriage of goods
by sea. The focus of the paper is on Bolero, a project of the
European Community beginning in the early 1990s and which has been used
commercially since September 1999. In this paper the author follows the
Bolero project from its inception as an experiment through to its
commercial application. The question is asked to what extent Bolero has
become an alternative to, or in fact replaced paper documentation in the
carriage of goods by sea.
As an introduction the author looks at the paper bill of lading and other
forms of sea transport documentation with a focus on their advantages and
disadvantages. He then examines the development of EDI and paperless sea
transport documentation, in particular Bolero and the history of its
development. Following this is an in depth investigation of the Bolero
system in its current form, the contractual relations involved and the
position of Bolero in the surrounding legal framework in a South African
and international context. Finally the author looks at the future of
Bolero as a commercial enterprise.
(Full text
available here.)
Year:
2001
Name: Harbs, Gregor
Title: Standard Clauses in Shipping
Contracts
Supervisor: Prof J.E. Hare
Synopsis: This paper sets out to
analyse the legal effects and consequences of standard clauses in
shipping contracts. There is a constant attempt to achieve a degree of
uniformity on an international level by way of conventions and uniform
rules such as the Hague Rules (1924), the Hague–Visby Rules (1968) and
the Hamburg Rules (1978). However uniformity is hampered by
interpretation of standard clauses according to the national law
governing that contract. In this paper the author deals with the
interpretation according to the laws of three different states which
apply the Hague-Visby Rules though under different circumstances, namely
the UK, South Africa and Germany. In order to limit the scope of the
thesis the author concentrates on clauses found in contracts of
carriage.
First the author examines the notion of “fair play” in shipping
contracts before looking at its interpretation under English law and
South African law and at the German AGB–Gesetz. Other clauses examined
are the Himalaya clause, the Laycan clause, the “cesser and lien”
clause, the Identity of Carrier/Demise clause, the Penalty/Indemnity
clause, the “Freight deemed earned” clause and the FIO (S) clause. The
author deals with the interpretation of each of these according to
English, South African and German law respectively. As set out in
his final comment, the interpretations differ quite considerably in the
different jurisdictions.
Year:
2001
Name: Van Wyk, Karel
Title: The effect of the "Safe Port"
clause in a Time Charterparty; Frustration and Marine Insurance
Implications.
Supervisor: Prof J.E. Hare
Synopsis: In this paper the author
looks at the nature of a
“safe port” by using definitions provided in case law before examining
the charterer’s obligation to nominate a safe port in a time charter
party or a voyage charter party agreement and the nature of the safe
port promise. Throughout the author uses case authority to illustrate
these points.
In the second chapter he examines frustration and the safe port clause
and the effect of Clause 21 of the Baltime charter party on frustration.
Finally the paper deals with the marine insurance implications for
additional premium areas. Again this area is examined by using case law
examples to outline the charterer’s obligations.
Year:
2001
Name: Ackermann, C.F.J.
Title: Section 5(2)(a) – (c) of the
Admiralty Jurisdiction Regulation Act of 1983: A potential powerful weapon
in South African Shipping Law
Supervisor: Prof J.E. Hare
Synopsis: The passing of the Admiralty
Jurisdiction Regulation Act 105 of 1983 introduced a number of
novel and far reaching provisions into South African Shipping law.
One of these was Section 5 (2) (a) – (c) which vests the Court with a wide
discretion to order that security or counter security is furnished for
claims or counter-claims. In this paper the author examines the
application and development of the section in South African Shipping law.
The author begins by an examination of an application for security arrest
in terms of S 5 (3) of the
Act which is closely linked to S 5 (2) in that such an application is
likely to bring about a counter application from the respondent for
security or counter security. Following this is an extensive examination
of the relevant case law regarding the application of S 5 (2) (a) – (c) by
the Court, before looking at the requirements for an order under the
section.
The author then looks at the Courts discretion to exercise its power in
terms of this section as well as the common law principles applicable, and
finally he examines the standard of proof applicable and the appealability
of an order in terms of the section.
Year:
2001
Name: Schelenz, Ulf
Title: Independent Bank Guarantees as
protection against Breach of Contract in international trade.
Supervisor: Prof J.E. Hare
Synopsis: Independent bank guarantees are
commonly used in international trade as a means to ensure that the
underlying obligations are fulfilled. In this thesis the author introduces
the various types of guarantees that are most frequently used in
international business practice and deals with the operation of these
guarantees. He aims to address the potential problems and risks involved
in the operation of these guarantees and how to manage these situations.
In particular the paper focuses on the bank’s customer and the problem of
unfair calling. Furthermore the author examines the law and rules
governing bank guarantees.
A further aim of the thesis is to examine current trends in
international trade and related business practice.
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2000
Year:
2000
Name: Peels, Frederick
Title: Aspects of the Legal Status of
State-Owned Shipping Corporations from a comparative view in Indian, South
Africa, English, Russian and US Law.
Supervisor: Prof J.E. Hare
Synopsis: This paper deals with the
amenability of arrest of ships that are state-owned or owned by
corporations where there is a central government involvement, whether
direct or indirect. The author deals specifically with the legal status of
these corporations and their subsidiaries, and looks at the legal
obstacles facing a plaintiff attempting to hold these corporations liable
for any claims arising out of their shipping activities and transactions.
The author focuses on two main obstacles, firstly the question of immunity
and secondly whether in the various legislations discussed these ships, or
their sister ships/ “associated ships” are amenable to arrest. In
attempting to answer this the author looks at the issues of
sovereign immunity, legal and beneficial ownership, the willingness
or otherwise of the courts to pierce the corporate veil and the notion of
“control” of a company.
Year:
2000
Name: Walsh, Gary
Title: Port State Control: The rights to
inspect and detain.
[Postgraduate Diploma in Shipping Law dissertation]
Supervisor: Prof J.E. Hare
Synopsis: An analysis of the legal rights of
a shore authority to inspect and detain sub-standard ships, written with
the practical field experience of a surveyor of the South African Maritime
Safety Authority.
The paper looks at the sources of PSC rights in international and domestic
law, and assesses the present successes and shortcomings of the PSC
system.
Year:
2000
Name: Powell, Derek Michael
Title: Classification and Choice of Law in
Private International Law: The Maritime Lien as a Right in Contract.
Supervisor: Prof J.E. Hare
Synopsis: An analysis of the maritime lien in
private international law, with particular reference to the manner in
which the English and South African courts have approached the
categorisation of a claim as one of a finite number of maritime liens
known to traditional English Admiralty law.
The thesis deals extensively with the jurisprudential approach of the
English House of Lords in "The Halcyon Isle", and of the South African
Supreme Court of Appeal in "The Andrico Unity" in adjudging that it is to
the lex fori that one must look in order to determine whether or
not a claim is an English "maritime lien".
The author distinguishes the two cases, which are more often than not
regarded as parallel. He concludes that the South African court
incorrectly applied the principles of private international law in as much
as it made assumptions about the nature of the maritime lien in private
international law that should have been critically tested.
In particular, the author expresses the opinion that the South African
court wrongly ignored the theory of classification as expounded by
Falconbridge, and that it should have endorsed a cosmopolitan view of
classification that looks at how other legal systems treat the issue.
It is suggested also that it would have been preferable for the South
African court to have looked to SA policy considerations in deciding the
classification of a maritime lien, rather than those of England.
Allowing a foreign maritime lien claimant, concludes the author, would
have better served the "special role of uniformity in this field of the
law." [Condensed from the author's own synopsis of the paper.]
Year:
2000
Name: Sänger, Janine
Title: The Applicable Law on Maritime
Liens: A Comparative Analysis of English, South African and German Law.
Supervisor: Prof J.E. Hare
Synopsis: An analysis of the nature and
effect of the maritime lien in the three jurisdictions of England, South
Africa and Germany. The author gives a comprehensive account of the
maritime lien in admiralty history, outlines its nature in English law,
its reception into South African law and its enforcement since the South
African Admiralty Jurisdiction Act in 1983. She then contrasts the German
schiffsglaubigerrecht
of the German code and tests it against the theories of enforcement.
She then analyses the maritime lien in the conflict of laws in England and
in Germany, dealing with the "La Constancia", "The Milford", "The Tagus",
"The Colorado", "The Acrux" and "The Zigurds" before discussing "The
Halcyon Isle" and "The Andrico Unity".
The paper thereafter examines the priority of the maritime lien before
launching a comparative analysis of alternative theories of classification
of the maritime lien in South Africa and Germany. The conclusion is that
the fairest criterion for categorisation would be the law of the flag,
enabling all and any who supply credit to ascertain in advance what
priority would be accorded to their claims under the law of the flag,
wherever the claim may be enforced.
Year:
2000
Name: Franke, Jorg-Michael
Title: Occupatio of Historical
Wrecks
Supervisor: Prof J.E. Hare
Synopsis: The paper deals with the rights of
salvors; including those of ownership, possession and reward, in respect
of the salvage of historical wrecks off the South African Coast. Although
the focus is on South African law, the author does explore how other
jurisdictions, especially the United States, have approached the problem.
An examination is undertaken of the now defunct National Monuments Act and
its replacement, the National Heritage Resources Act, as well as South
African private law (which includes a review of English law on point),
especially the provisions of the Admiralty Jurisdiction Regulation Act,
which governs the manner in which a salvor would assert there rights over
the wreck.
The legal arguments are presented against the possible discovery of the “Waratah”,
a liner vessel that disappeared between Durban and Cape Town in 1909.
Year:
2000
Name: Cupido, Durand Martin
Title: Admiralty Jurisdiction and
ownership Claims over Wrecks in the various Maritime Zones of the Republic
of South Africa and Beyond.
Supervisor: Prof J.E. Hare
Synopsis: An examination of the jurisdiction
of the South African High Court of admiralty in relation to wrecks, and
more specifically to abandoned wrecks within the South African territorial
seas, the exclusive economic zone and international waters in adjudicating
on issues with respect to ownership and the rights of potential salvors.
An in-depth review is undertaken with respect to the application of
section 6 of the Admiralty Jurisdiction regulation Act in order to
determine the law applicable to maritime claims of which wrecks are the
subject.
Year:
2000
Name: Davies, Andrew
Title: An overview
of the relationship between Documentary Credits and the Contracts of
Carriage by Sea.
Supervisor: Prof J.E. Hare
Synopsis: The paper gives an overview on the
history and function of documentary credits. The role and the use of
documentary credits in the Shipping industry are discussed in detail as
well as the basic principals relating to documentary credits, including
the principle of autonomy and strict compliance. The paper proceeds to
analyse the changes in the law resulting from the changes taking part in
international carriage; both in the way that goods are carried, and in the
way that international business has been revolutionised by electronic
commerce. The authors discusses the decline in the use of the traditional
bill of lading as a result of containerisation, the increased speed at
which goods travel and the decline in the requirement of negotiability of
carriage documents, and the concomitant changes in the UCP.
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1999
Year: 1999
Name: Hagenmeier, Cornelius
Title: Flags of
Convenience: Legal response to a 20th Century Shipping
Phenomenon.
Supervisor: Prof J.E. Hare
Synopsis: The aim of the paper is to examine
the different attempts that have been made through international and
municipal law to halt the trend towards vessels registering on "flags of
convenience" and to discuss possible new solutions, especially in light of
the ITF’s recent campaign, highlighted by the voyage of the "Global
Mariner". The international debate is discussed against the background
of South African, German and Norwegian law.
In the introduction the author discusses the constituent requirements of a
"flag of convenience"; focusing on the requirements stipulated by the ITF,
which view each matter on a case by case basis, the method undertaken by
owners, as well as the reasons for such flagging, which are predominantly
economical. The repercussions of such flagging are discussed, including
the loss of revenue and influence in the maritime market for countries in
which the vessel is "beneficially owned", the exploitation of seafarers,
substandard shipping and the effects on developing countries (the
so-called dependency theory). After a brief discussion of these issues,
the author then deals with the responses to the challenges brought in
respect of "flags of convenience" and the municipal and international law
provisions (UNCLOS) which have sought to address the concerns and issues
raised, including a synopsis of the "genuine link" requirement. The author
then discusses whether it would be possible to develop laws to curb, and
ultimately eliminate "convenience flagging", especially in light of the
changing face of international trade from nation states to economic
conglomerations and trade agreements such as GATT.
The author concludes that traditional legal tools cannot properly deal
with the socio-economic challenges posed by "flags of convenience", and
suggests that a new approach should be adopted with the aim of remedying
the problems associated with so-called "flags of convenience."
Year:
1999
Name: Manjezi,
Monwabisi
Title: Compulsory Pilotage -- a
system in need of reform
Supervisor: Mr G.B. Bradfield
Synopsis: A discussion of the liability of
pilots performing a pilotage act, where an accident occurs during
compulsory pilotage.
Year:
1999
Name: Olakunle,
Ishola Lukman
Title: Carriage of Goods by Sea -- Cargo
Claims and Defences in Nigeria
Supervisor: Professor J.E. Hare
Synopsis: After a brief historical introduction in respect of
the development of Admiralty law in general, the author discusses the
development of Admiralty law in Nigeria since British occupation in 1862.
The author gives a concise overview of Nigerian Admiralty procedure,
followed by an in-depth discussion of carriage claims within this
jurisdiction and a discussion on the possible development of the law of
the carriage of Goods in Nigerian .
Year:
1999
Name: Cunningham,
Craig
Title: The Arrest of an Associated Ship in
terms of Section 5(3) of the Admiralty Jurisdiction regulation Act, No.
105 of 1983 (As Amended) The Burden of Proof.
Supervisor:
Professor J.E. Hare
Synopsis: This paper deals with two innovative provisions
within the South African Admiralty Jurisdiction regulation Act (the Act),
the associated ship arrest, and the security arrest. The former provision
is an extension of the traditional sister ship arrest procedure provided
for in the 1952 arrest convention.
The author gives a detailed analysis of the application of an associated
ship arrest in conjunction with the security arrest provisions of the Act,
which permits a claimant to arrest property of a debtor as security in
respect of a claim, either being brought within the Republic, or abroad.
The onus on claimants seeking to avail themselves to these provisions is
also discussed.
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1998
Year: 1998
Name: Clulow,
Jeb
Title:
Multimodal Transport in South Africa
(full text available on site)
Supervisor:
Prof JE Hare
Synopsis:
An analysis of the regime of multimodal transport in South Africa, with an
examination of the practical problems associated with multimodal carriage
and its documentation. The paper examines the mandatory regime applicable
to carriage in South Africa, and compares and contrasts this with the CMR
and CIM conventions. Common law liability is discussed and the future of
multimodal transport in South Africa is examined with a view to possible
reform.
Year: 1998
Name: De Vos,
Andrew
Title:
Historical and Current Juridical Aspects of Co-operation between
International, Scheduled Liner Shipping Organisations
Supervisor:
Graham Bradfield
Synopsis:
This paper undertakes a study of the Co-operation between liner shipping
services and their effect on shipping trade in South Africa. A
comprehensive introduction is given in respect of the development of liner
conferences in South Africa.
The paper then examines the Legal structure and associated liabilities of
such consortiums. Following this is an examination of the attempts made
internationally to regulate the activities of liner consortiums.
Year: 1998
Name: Kaestner,
Christian
Title:
Legal Encouragement for Salvage
Supervisor:
Prof JE Hare
Synopsis:
A comprehensive examination of South African, English and German salvage
law, concentrating upon the manner in which the three systems provide
encouragement for the professional salvor to perform salvage for adequate
reward. The dissertation includes a thorough review of traditional salvage
entitlement, the distribution of an award, standard contracts, and the
special problems attendant upon oil pollution casualties.
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1997
Year: 1997
Name: Edwards,
Peter Anthony
Title: A
Comparative Study of the Liability of the Carrier by Sea and Carrier by
Land in South African Law
(Master of Laws dissertation)
Supervisor:
Prof JE Hare
Synopsis:
The paper traces the history of the carrier by sea and by land, from which
it is apparent that, in South Africa, the law relating to the sea carrier
is far more developed than that relating to the land carrier. The Hague-Visby
and Hamburg Rules relating to the sea carrier are discussed, and it is
submitted that the law relating to the land carrier's liability has been
misunderstood and incorrectly interpreted and applied by the courts during
the past century. Several conclusions and proposals are put forward for
the future regulation of the liability of carriers by land in South
Africa.
Year: 1997
Name: Ohrendorf,
Jörg
Title:
The Pros and Cons for the Buyer and Seller in the Application of the
United Nations Convention on Contracts for the International Sale of Goods
compared to the German Law
and Application of the United Nations Convention for the International
Sale of Goods in South Africa although South Africa is not a Party to this
Convention.
Supervisor:
Prof JE Hare
Synopsis:
The Convention on Contracts for the International Sale of Goods (CISG)
does not apply to all international contracts for the sale of goods, and
does not take the place of all national provisions. This paper discusses
the pros and cons for buyer and seller within the CISG compared with
German law as an example of a national law and concludes that the CISG is
more useful in solving potential problems for both buyer and seller which
might occur in international sales contracts than German civil and trade
law.
Year: 1997
Name: Muthow,
Erik
(Full text is available on the site)
Title: The Impact of
EDI on Bills of Lading -- A Global Perspective on the Dynamics Involved
Supervisor: Prof JE Hare
Synopsis: An
evaluation on the current development of electronic data interchange as it
relates to Bills of Lading, with particular emphasis on addressing the
legal problems which EDI presents to shipping law. The dissertation
examines early attempts at EDI in shipping, and the present commercial EDI
options (such as BOLERO) against the context of the negotiability of the
bill of lading and like issues.
Year: 1997
Name: Black,
Georgia
Title:
Apportionment of Damages Following Maritime Collision: An Amalgam of
Maritime Law and Delict
(LLB research paper)
Supervisor:
Prof JE Hare
Synopsis:
This paper draws largely on English law in examining the principles
applicable to maritime collision apportionment, and discusses contributory
negligence in the delictual sphere as applied in South African law. The
principles of fault and the measures of apportionment under the Merchant
Shipping Act and the Apportionment of Damages Act are compared and
contrasted. Hypothetical examples and tentative solutions are presented,
with the aim of concluding that, despite different origins in legislation,
apportionment of damages following collisions between two or more ships
and between a ship and 'non-ship' takes place in a similar (although
arguably not identical) manner, eliciting the same results.
Year: 1997
Name: Juric,
Damian
Title:
The Conceptual Foundations of the South African Law of Civil Salvage:
Salvage as a Reflection of the General Enrichment Action
(LLB research paper)
Supervisor:
Prof JE Hare
Synopsis:
Salvage remains one of the most crucial aspects of maritime law, given
that the protection of lives at sea and of maritime property is of
paramount importance and to be encouraged. The aim of this paper is to
examine the conceptual foundations the Law of Salvage in South Africa. It
will be shown that the Law of Salvage seems to reflect the emerging
equitable principles of a general "Restitution or Unjust Enrichment"
action, with any differences the result of the divergent areas in which
the maritime salvagor and the terrestrial rescuer operate, rather than
reflecting fundamental theoretical distinctions.
Year: 1997
Name: Stevens,
Dale
Title: A
Review of the Proposed South African Marine Insurance Act compared with
the English Marine Insurance Act.
(LLB research paper)
Supervisor:
Prof JE Hare
Synopsis:
The proposed South African Marine Insurance Act is in many respects a
verbatim reflection of the English Marine Insurance Act, but do those
sections of the English Act which have been incorporated actually reflect
South African law? This paper compares the sections of the English Act
which have been adopted into the proposed South African Act with the
position South African law actually holds. Those sections of the English
Act which have not been adopted are also compared with South
African law. Adoption of various sections of the English Act into South
African law by the proposed Act arguably also involves the concurrent
adoption of the interpretation English law has given to these sections.
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1996
Year: 1996
Name: Ash,
M. S.
Title: A Sailor's
Disgrace : an analysis of the rights of claim by a crewman in respect of
his arrear unpaid wages in the South African Admiralty Jurisdiction
Supervisor: Prof
JE Hare
Synopsis:
An analysis of the historical development of Seafarers rights in law, to
place these rights in their contemporary context, to highlight the lacunae
of these rights in such context and, where possible, to illustrate
practical solutions to the most pressing of these problems. Where there
are crews, there is a growing demand for essentially fair treatment.
Year: 1996
Name: Clark,
G. G.
Title: The
Sub-Standard Ship and Port State Control in South Africa
Supervisor: Prof
JE Hare
Synopsis:
An examination of port state control in SA, with a comparisons between law
and practice in the UK, Australia and SA.
Year: 1996
Name: De Swardt,
A. M.
[Full text of this dissertation is
available on the site]
Title: The
Development and Application of the Forum Non Conveniens Doctrine in South
African Law
Supervisor: Prof
JE Hare
Synopsis:
Section 7(1)(a) of the Admiralty Jurisdiction Regulation Act has been held
in SA case law to have incorporated the principle of forum non conveniens,
which has long been followed in Scotland and which has also been adopted
in England. This dissertation provides an overview of the development of
the principle in South African and English law; discussing the difference
in practical application by the two systems, alluding to issues such as
onus which could present certain practical difficulties.
Year: 1996
Name: Durr,
S.D., (LLM)
Title: An
Analysis of the potential liability of classification societies:
Developing role, current disorder & future prospects
[Full text of this dissertation
is available on this site]
Supervisor: Prof JE
Hare
Synopsis:
Year: 1996
Name: Holloway,
P. M.
Title:
Ownership, Risk and Title to Sue with respect to the Carriage of Goods by
Sea : the perspective of a South African attorney acting on behalf of
cargo interests
(full text available on site)
Supervisor: Prof JE
Hare
Synopsis:
Who may sue in relation to carriage is dependent on a number of factors
including what law is applicable to the contract of carriage, and whether
the action is in contract or delict. This dissertation examines a number
of issues in relation to such an action including: the Applicable law;
title to sue; ownership, risk and the transfer of the rights and
liabilities under a Bill of Lading in South African law; the passing of
ownership and risk in international commodity contracts and ownership,
risk and the transfer of rights and liabilities under a bill of lading in
English Law. Finally, there is a discussion of the Carriage of Goods by
Sea Act of 1992 and the proposed South African Sea Transport Documents and
Title to Sue Act.
Year: 1996
Name: Huber,
Max
Title: A Current
Assessment of the Hamburg Rules
Supervisor: Prof
JE Hare
Synopsis:
A critical examination of the carriage regime offered by the Hamburg
Rules: their advantages and shortcomings, and an assessment of the
approach of SA and other nations to the Rules.
Year: 1996
Name: Mannion,
P.
Title:
Maritime Mortgages - a question of priority
Supervisor: Prof
JE Hare
Synopsis:
A detailed examination of the current law and legal shortcomings of the
ship's mortgage in SA law. The paper examines the ranking of the SA
mortgagee against other creditors in an enforced sale in rem, and proposes
an alternative to the present ranking (which promotes the necessaries
supplier over the mortgagee) based upon a combination of the USA and 1992
Convention on Maritime Liens and Mortgages formulae.
Year: 1996
Name: Ndauendapo,
G. N.
Title:
Admiralty Jurisdiction in Namibia
Supervisor: Prof
JE Hare
Synopsis:
An examination of the present and past admiralty jurisdiction in Namibia,
focussing on the UK colonial Acts of Admiralty roots of modern Namibian
law, and making proposals for the future of Namibian admiralty
jurisdiction.
Year: 1996
Name: Pugh,
L. W. G.
Title:
The Protection of Historical Wrecks in South African Waters
Supervisor: Prof
DJ Devine
Synopsis:
The SA seaboard has many historical wrecks along its 3700km coastline.
Only comparatively recently has SA law recognised these wrecks as national
requiring protection. International sources on the balancing of the right
of the individual with the duty of the state are examined before an
analysis is made of the effect of the National Monuments Act in relation
to licencing and control of exploration and exploitation of historical
wreck.
Year: 1996
Name: Roux,
J.
Title:
Section 5(3) of the Admiralty Jurisdiction Regulation Act 105 of 1983 : a
"nuclear weapon" of South African Shipping Law
Supervisor: Prof
JE Hare
Synopsis:
An analysis of the security arrest and attachment provisions of SA
Admiralty Practice, focusing on the power of the provisions to assist in
the enforcement of maritime claims in SA.
Year: 1996
Name:
Tucker, M.
Title:
Limitation of Liability under SA law generally and in the context of Wreck
Removal
Supervisor:
Prof JE Hare
Synopsis:
An examination of the law relating the statutory
wreck removal and the liability of the shipowner for such removal. An
historical analysis of wreck removal is followed by an analysis of
limitation of liability in English Law. The thesis compares acts done by
the shipowner under compulsion of government authority from those where
the authority itself does the wreck removal and then claims the costs from
the shipowner as a "civil debt". The method of calculation of the gold
franc based limit under the SA MSA sec 261 is discussed, and the date for
the setting of the gold franc value in Rand or in the currency of the
claim is examined in the light of case authority dealing with applicable
exchange rates.
Year: 1996
Name: Brodziak,
L.
Title: The
Right of Intervention : Protecting the Marine Environment from
Vessel-Source Pollution
[LLB Environmental Law research]
Supervisor: Prof JE Hare
Synopsis:
An analysis of the right of a coastal state to take steps to protect its
environment under threat of marine oil pollution.: Historical roots and
present Convention and statutory measures examined.
Year: 1996
Name: Wallace R.
Title: SA Law
and the CMI Guidelines on Oil Pollution Damage
[LLB
Environmental Law research]
Supervisor:
Prof JE Hare
Synopsis:
In October 1995 the CMI adopted guidelines applicable to the
categorisation of types of damages in delict (tort) and statute following
oil pollution. In particular, the CMI gave advice upon how economic and
pure economic loss is tbe approached. This paper examined the Guidelines,
and relates them to present SA law.
Year: 1996
Name: Pettit M.
Title: A survey
of international and SA legislation regarding compensation for oil
pollution damage from ships.
[LLB
Environmental Law research]
Supervisor:
Prof JE Hare
Synopsis:
With the TOVALOP and CRISTAL agreements due to lapse in February 1997, SA
finds itself falling back on its CLC based statute to determine the
maximum liability of perpetrators of marine oil pollution. Nor is the Fund
Convention nor its protocols applicable in SA owing to its political
history. The paper examines the current liability regime and makes
proposals for its future improvement.
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1995
Year: 1995
Name: Fenton C.
Title: Yacht
Ownership or Usage : by individuals; or in partnership; or by
nautical time-share operation
Supervisor: Prof
JE Hare
Synopsis:
A comprehensive analysis of legal structures available in South Africa for
small vessel ownership; concentrating on registration, mortgages (or lack
thereof), types of charter, safety regulations and the relevance (or not)
of various Acts. Finally, proposing a scheme which attempts to take all
this into account in a practical manner.
Year: 1995
Name: Makupula
H. N.
Title: The Mar
91 Refashioning of the S A Law of Marine Insurance?
Supervisor: Prof
JE Hare
Synopsis:
Schematic outline of the aspects of marine insurance law; focusing on the
recent uncertainty as to the extent of application of the English law of
marine insurance as part of the South African common law, due to the
promulgation of the Admiralty Jurisdiction Regulation Act in 1983, and
certain court decisions. Proposition that South Africa needs to develop
its own sui generis marine insurance based on the well established English
principles as inherited.
Year: 1995
Name:
Okumu-Ogola, E. K.
Title: Maritime
Legal Labour : empowering workers at sea
Supervisor: Prof
JE Hare
Synopsis:
A detailed disclosure of the Seafarers plight; reviewing inter alia, legal
empowerment of maritime labor, the problem of F.O.C vessels and
collective bargaining. South African "seaman's and general Trade Union
conditions are used as a case study with an analysis of the role of the
International Transport Federation in empowering seafarers.
Year: 1995
Name: Peters J.
Title: Arrest of
Ships : a comparative analysis between Belgian and South
African law
Supervisor: Prof
JE Hare
Synopsis:
The main characteristics of the Belgian and South African systems
relating to arrest of ships, highlighting their possible similarities or
differences; with the proposal that although South Africa has inherited
English Common Law, a substantial part of the origins and sources of
English Admiralty law are to be found in the Civil Law Merchant. It is
further proposed that there is historical continuity due to the
incorporation of some of the features of the arrest convention into both
systems.
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1994
Year: 1994
Name: Girdwood
G. W.
Title: Section
6(1) : an analysis of the law applicable to charterparties
Supervisor: Prof
JE Hare
Synopsis:
A critical examination of the law to be applied to charterparty disputes
in SA in the light of sec 6 of the Admiralty Jurisdiction Regulation Act
which subjects matters in respect of which the English High Court of
Admiralty in 1890 enjoyed jurisdiction to English Law, and leaving those
not then part of the English court's jurisdiction to be decided in terms
of Roman Dutch Law. The inherent jurisdiction of the English admiralty
court discussed, and a conclusion drawn that as at 1890 the English court
no longer exercised jurisdiction over charterparty disputes -- hence the
present application of Roman Dutch Law in terms of sec 6.
Year: 1994
Name:
Hauptfliesch P. A.
Title:
Seaworthiness - a comparison of standards of sea worthiness in relation to
the carriage of goods by sea and to marine insurance.
Supervisor: Prof
JE Hare
Synopsis:
Comparative study of the standard of the English, American and the
South African approach to the shipowners duty to provide a seaworthy ship
in the carriage of goods by sea as compared to the implied warranty of
Seaworthiness in marine insurance.
Year: 1994
Name: Kavadias
S.
Title: Maritime
Law Registries in South Africa and Greece : transactions to be registered,
legal effects of registration
Supervisor: Prof
JE Hare
Synopsis:
Detailed examination of South African and Greek Registries and the law
pertaining thereto, proposing that the moment of registration determines
the application of Shipping Law, whence the vessel acquires the legal
status of "ship" and is enabled to trade as such.
Year: 1994
Name: Shapiro S.
V.
Title: The
Recognition and Enforcement of Foreign Maritime Liens
Supervisor: Prof
JE Hare
Synopsis:
The English decision "The Halycon Isle" and the South African decision
"The Andrico Unity" relating to the recognition and enforcement of foreign
maritime liens, have been both widely criticised and supported, dividing
into two camps the international legal maritime community. The question in
dispute is whether the classification of a maritime lien is to be
determined according to the lex causae or fori.? Policy and legal
considerations are discussed in relation to both approaches with an
analysis of the above cases. Various submissions are made regarding the
approach the South African maritime community should adopt.
Year: 1994
Name: Soltynski
M. M.
Title: The South
African Associated Ship Arrest Provisions
Supervisor: Prof
JE Hare
Synopsis:
An historical and current analysis of the South African law relating to
the arrest of ships associated to the "guilty" ship; emphasising the aim
and practice of Admiralty courts to ensure that the real culprit be held
accountable for a valid debt and the desirability of uniformity in the
laws regulating trade.
Year: 1994
Name: Thompson
M. J.
Title: Salvage
Law : moving towards a user friendly law
Supervisor: Prof
JE Hare
Synopsis:
The history and development of salvage and salvage law examined in detail,
setting out the conceptual framework of salvage and its necessary
elements. The traditional "no cure no pay" approach is viewed critically
in the light of environmental considerations and developments in oil
transportation.
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top
1993
Year: 1993
Name: Bradfield
G.B.
Title: The
Nature and Scope of the Contemporary Maritime Liens in South African
Admiralty Law
Supervisor: Prof
J.E Hare
Synopsis:
A critical analysis of the nature and scope of operation of the maritime
lien in English and SA admiralty law, past and present, contrasting and
comparing other liens found in shipping law.
The full text is available on site.
Year: 1993
Name: Coop D.
Title: Practical
Difficulties in the Determination of Salvage Awards in Relation to South
African Fishing Vessels
Supervisor: Prof
JE Hare
Synopsis:
The International law pertaining to salvage is dynamic. The local
legislation does not keep pace with these changes. The interpretation of
vessel "in distress" by South African courts has a profound effect on
entitlement to salvage awards. This dissertation contends that vessel "in
distress" has been interpreted in such a way by South African courts so as
to depart from the international view. Further, that the workable criteria
for determining a "reasonable" award, contained in the Lloyds Open Form,
need to be incorporated in local legislation. Finally asking the question
whether arbitration relating to salvage of fishing vessels is not a
preferable alternative to litigation.
Year: 1993
Name: Doucas E.
Title: Towage
Contracts - when does conversion from a towage to a salvage contract take
place - The Manchester revisited
Supervisor: Prof
JE Hare
Synopsis:
An analysis of the courts decision in SAR&H v Johnson ("The Manchester")
criticising the interpretation of the "salvage clause" in the Portnet
standard form towage contract as being an erroneous departure from the
common law approach to the determination of when towage is converted to
salvage.
Year: 1993
Name: Van Eeden
P. E.
Title: The Right
of Innocent Passage : a limitation on the civil arrest and attachment of
vessels in South African waters
Supervisor: Prof
JE Hare
Synopsis:
Contrasting the right of the ship to pass uninterrupted through the
territorial sea of a coastal state with the reach of the coastal state's
jurisdiction in civil matters.
Year:
1993
Name:
Van Gysen P.
Title: Stowaways
: a study of South African law relating to stowaways
Supervisor: Prof
JE Hare
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top
1992
Year: 1992
Name: Drew,
David
Title:
Limitation of Shipowner's Liability - The New Law
Supervisor: Prof
JE Hare
Synopsis:
The concept of limitation of shipowners liability, principles and a review
of international conventions. A detailed analysis of the future of global
limitation under the 1976 Convention concentrating on certain aspects such
as; innovations concerning the position of salvors, the demise of "actual
fault and privity" and difficulties of interpretation. Finally, a
comparative study is undertaken on the position under Section 261 of the
South African Merchant Shipping Act.
Year:
1992
Name:
Durrell G.
Title: An
Analysis of the liabilities arising from the Herald of Free Enterprise
Disaster
Supervisor: Prof
JE Hare
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top
1989
Year: 1989
Name: Field R.
F.
Title:
Limitation of Shipowner's Liability
Supervisor: Prof
JE Hare
Synopsis:
An examination of the liability of the shipowner in carriage, and in
relation generally to the tonnage of the vessel, with particular emphasis
on the shipowner's ability in SA law to limit that liabiltity.
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1988
Year: 1988
Name: Lark K. R.
Title: The
Commencement of Laytime : difficulties in defining the arrived ship
Supervisor: Prof
JE Hare
Synopsis:
The concept of the "arrived ship" in a voyage charter party examined.
Year: 1988
Name: De Jager
D. T.
Title: The
Roman-Dutch Law of Marine Insurance Applicable in South Africa
Supervisor: Prof
DM Davis
Synopsis:
An extensive analysis of the origins or SA marine insurance law, with
particular emphasis on the European sources of which the Roman Dutch Law
is comprised. The thesis calls for a return to Roman Dutch roots and for
the establishment of a SA law of marine insurance, not dependent upon
English Law.
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