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This is a comprehensive study of maritime law in South Africa since the Admiralty Jurisdiction Regulation Act of 1983 broke the shackles of the limited reach of English Colonial admiralty jurisdiction.
The Admiralty Jurisdiction Regulation Act 105 of 1983 was a radical and far-reaching, as well as overdue, modernisation of South African admiralty law. Described as 'bold, innovative and comprehensive', it introduced - for the first time anywhere in the world - the provisions enabling an action to be pursued by way of the arrest of an associated ship rather than the ship in respect of which the claim lay. This work, by one of South Africa's pre-eminent shipping lawyers, analyses the nature of this novel action. That involves a review of how the jurisdiction came about; its nature and impact; the problems to which it gives rise and the making of some modest suggestions concerning the road ahead.
Admiralty Jurisdiction and Practice is the definitive work on litigation in the Admiralty Court. It provides unrivalled commentary and analysis of the key principles of admiralty law, from jurisdiction and procedure to forms and precedents, and is firmly established as the leading reference guide for today’s maritime practitioner. The authors also deal with several topics not covered elsewhere, including the impact of insolvency, the interplay between jurisdiction and practice, limitation periods, the role of international conventions, and collision action rules. The fifth edition has been fully updated to include new case law and vital changes in Commercial Court practice and procedure. It also includes brand new material on the topical jurisdictions of Hong Kong and South Africa, including a comparison to English law and expert commentary on important issues such as ship arrest. This book is a first choice for all those concerned with admiralty law.
Admiralty Jurisdiction Regulation Act (AJRA) -- Admiralty court -- Admiralty jurisdiction -- Choice of law -- Carriage of Goods by Sea Act (COGSA) -- Exclusive jurisdiction -- Party autonomy -- Public policy and interest -- Wet op die Reëling van Admiraliteitsjurisdiksie -- Admiraliteitshof -- Admiraliteitsjurisdiksie -- Keuse van reg -- Wet op die Vervoer van Goedere ter See -- Ekslusiewe jurisdiksie -- Party-outonomie -- Openbare beleid en belang.