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JE Hare:
"Shipping Law and Admiralty Jurisdiction in
South Africa"
INFORMATION
Introducing UCT
Marine & Shipping Law at UCT
Classroom and other facilities
UCT Law Faculty
Cape Town - Court and Port
uctSHIPLAW.com
Bulletin
Past Exam Papers
SHIPPING LAW
Shipping Law Unit
Shipping
Law Courses (LLM)
Video-conferenced course: Admiralty Across the Atlantic
Video-conferenced
lecture: 6th Cadwallader Memorial Lecture
Maritime Law (LLB)
MARINE LAW
Institute of Marine & Environmental Law
Courses offered:
The International Law of the Sea
STAFF, STUDENTS AND ALUMNI
Staff
Adjunct teachers
Visiting teachers
Students
Alumni
Cyberhome
Alumni Reunion, Hamburg 2007
Alumni Reunion, Hamburg 2008
Students' class papers, 2005
Students' class papers, 2006
SOURCE MATERIALS
Source
Materials
Lloyds Open Form Salvage Contract
SCOPIC2005
IUA Hull Clauses 2003
MSC Bill of Lading and Sea Waybill
Case Law:
Recent
& Unreported Cases
Legislation:
Legislation (full texts):
The Tanzanian
Merchant Shipping Act, 21/2003 (uploaded 10 Sept 2008)
Uploaded
20/04/07:
The Merchant Shipping Act, 2003 *searchable [No. 3 of 2003] (of Sierra Leone)
Admiralty
Jurisdiction Regulation Act
Admiralty Rules
Carriage of Goods by Sea Act
Dumping at Sea Control Act
Marine Pollution (Control & Civil Liability)
Act
Marine Insurance Act, 1906 [UK]
Maritime Zones Act
Merchant Shipping (ISM Code) Regulations, 1998
MSA sec 261 as amended
National Heritage Resources Act
SA Maritime Safety Authority Act, 1998
Sea Transport Documents Act 65 of 2000
Ship Registration Act, 1998 [Extract:]
Short-term Insurance Act, 1998
as
amended 2003
Wreck & Salvage Act
Foreign Legislation::
1999 Contracts
(Rights of Third Parties) Act, 1999
English Colonial Acts:
1840 Admiralty
Court Act
1861 Admiralty Court Act, 1861
1890 Colonial Courts of Admiralty Act, 1890
Draft Legislation:
[Draft 2005
]
CMI/Uncitral
Draft Transport Law Convention
[Draft] Marine Insurance
[Draft] Amendment to AJRA Section 11
Policy:
White Paper
on Maritime Transport and full
text:
1996 Full text of Maritime Transport Policy working group
Conventions:
Convention: Protection of
Underwater Cultural Heritage - adopted 2 Nov 2001
[February 2007]
CMI/Uncitral
Draft Transport Law Convention
1993: International
Convention on Maritime Liens and Mortgages
into force 5 Sept 2004
1999: Arrest of Ships
1989: Salvage
Convention
and the Brice Protocol to the 1989 Convention
1988:
Lisbon Rules for the Assessment of Damages in
Maritime Collisions (1988)
1982: Law
of the Sea Convention ((useful
commentary here))
1978: United Nations Convention on the Carriage
of Goods by Sea (The Hamburg Rules)
1967:
International Convention for the
Unification of Certain Rules relating to Maritime Liens and Mortgages
Intervention Convention
1952: Arrest of Seagoing Ships
Limitation Conventions:
1957
Liability of Owners of Seagoing Ships
1979 Liability of Owners of Seagoing
Ships
1974 Carriage of Passengers and their
Luggage by Sea
1976 Liability for Maritime Claims
1996 Protocol
of 1996 to amend the 1976 Convention on Limitation of Liability for Maritime
Claims (London, 2 May 1996)
EDI (Electronic Document Interchange):
EDI Research
Page
CMI
Rules for EDI
CMI (Comité Maritime International):
CMI Website
Introduction to CMI
Reports:
37th Conference, Singapore Feb 2001
CMI-Uncitral Draft Transport Law Convention [2005 draft]
CMI Guidelines on Oil Pollution Damage
CMI Uniform Rules for Sea Waybills
CMI Rules for EDI
1988: Lisbon Rules for the
Assessment of Damages in Maritime Collisions (1988)
ASABOSA:
Standard
Trading Conditions (as revised on
14 August 2000)
FONASBA:
Standard
Liner and General Agency Agreement (Revised
and adopted 2001)
RESEARCH & PUBLICATIONS:
About
our Research
Students' class papers, 2005
Students' class
papers, 2006
Shipping Law Topics
Marine Law Topics
Staff Publications:
BOOKS:
HARE: Shipping Law & Admiralty Jurisdiction in SA,1999:
Updates to "Shipping Law"
ARTICLES:
HARE:
Two papers re Limitation of Liability; Nigeria July
2004.
HARE: "Ikan Tanda" a Wake-up call for SA Government
(first published in Cape Times 21 Sept 2001)
HARE: Good
Faith, Disclosure, Misrepresentation & the Omnipotent Warranty: SA
Perspective (Paper
presented at BMLA/Tulane Conference, London 2000)
HARE: The Omnipotent Warranty: England v. The
World (paper presented at Internatonal Marine Insurance Conference,
Nov 1999)
HARE: Of Black Books, White Horses, and Sacred
Cows: the Quest for International Uniformity in Maritime Law
HARE: Summing up of International Conference on
Marine Insurance, Nov 1999 in Antwerp
HARE: Flag, Coastal & Port State Control
HARE: Port State Control -- Strong medicine to
cure a sick industry
Student Dissertations: Full
texts:
Bradfield G.:
The Nature and Scope of the Contemporary
Maritime Liens in South African Admiralty Law
Clulow, JA. Multimodal Transport in South
Africa
Douglas, C. The Port State Control of
Human Error: A Feasibility Study
Durr, S.: Liability of Classification
Societies
De Swardt, M.: Forum non conveniens in SA
Law
Gehrke, F.: New attempts at Electronic
Documentation in transport; Bolero -- The end of the experiment, the beginning
of the future
Greiner: E. EDI and the Traditional Bill
of Lading
Holloway, P.: Ownership, Risk
and Title to Sue with respect to the Carriage of Goods by Sea
Muthow E: The Impact of EDI on Bills of Lading
Surjan, M. Title to Sue at the Dawning of the Sea Transport Documents Act, No.
65 of 2000 (PDF format) and (MS
Word format)
Tan Twan Eng. 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. (PDF format)
MARITIME LAW IN S.A.
MLASA website
WRECKS,
SHIPPING ACCIDENTS AND OILSPILLS
Photo album: "Cape of Storms"
The "Treasure": Sank Table Bay June 2000
The "Exxon Valdez": 10 Years After
The tanker "Braer", Shetland Islands, UK, Jan 1993
The "Sea Empress" Milford Haven 15 Feb 1996 (full judgment Cardiff
Crown Court 15 Jan 1999)
The "Sea Empress" 10 years on
The Sinking of the "Estonia": links to
information about
Oil tanker
"Prestige" disaster off the Spanish coast, November 2002
SHIPPING SNIPPETS
Silver Oar of Admiralty
Miscellany
of Admiralty
The Admiralty Examiner
SEA
WATCH maritime newsletter
LINKS
University of Cape Town
UCT
Law Faculty
Interesting
Maritime law links
CHANNEL 16
Discussion forum has been discontinued w.e.f. 1 March 2005
RESEARCH IN PROGRESS