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South African shipping law is a rich amalgam of English common law and Roman-Dutch civilian principles. Its provenance was profoundly influenced first by Dutch dominance over the seas and world trade during the 17th and 18th centuries, and then by the might of the English commercial empire of the 19th and 20th centuries. Today's South African shipping lawyer continues to draw on both systems, supplemented by innovative developments, especially in admiralty practice.
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.
Text for law students and practitioners providing information about the nature and origins of admiralty jurisdiction, courts and jurisdiction, admiralty claims, practice, procedure and precedents. Includes table of cases, table of statutes, references, bibliography and index. The author is a senior lecturer in law at Deakin University.
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.
A comprehensive review of the laws and regulations governing the shipmaster including customary law, case law, statutory law, treaty law and regulatory law, covering: • A brief history of the shipmaster • Manning and crewing requirements in relation to vessel registration • Comparison of regimes of law of agency for shipmasters and crews across jurisdictions • Examination of shipmaster liability (civil and criminal)
This fourth edition addresses certain developments, including the 1996 Protocol to the 1976 Limitation Convention, which have come into effect since publication of the previous edition. The chapters on limitation of liability for passenger claims and in relation to the carriage of goods have been updated, as has the chapter on limitation regimes worldwide. The book also focuses upon the practicalities of seeking to limit by reference to case law and procedural rules.
International Cargo Insurance examines the law and practice of marine cargo insurance on a worldwide basis, and provides the busy practitioner the information needed to quickly and accurately resolve cargo insurance coverage issues, wherever they may arise. The book concentrates on the law in the United States and England. It then examines other countries with a common law tradition including Hong Kong, Singapore, Japan and Australia. The civil law systems are highlighted in a number of key trading nations: Italy, Germany, France and Norway. The book includes chapters on South Africa as well as the People’s Republic of China. It concludes with a comparative law chapter concentrating on issues that arise in practice in cargo coverage cases. This chapter also examines how the Institute Cargo Clauses have been construed by Courts worldwide. The appendices include the standard cargo policy insurance terms used in each jurisdiction, some translated for the first time for this volume, as well as translations of the relevant statutes and commercial codes, many not available elsewhere.