The Associated Ship and South African Admiralty Jurisdiction eBook

The Associated Ship and South African Admiralty JurisdictionThe Associated Ship and South African Admiralty Jurisdiction eBook

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Author: Malcolm Wallis
Date: 28 Sep 2010
Publisher: Siber Ink, South Africa
Book Format: Paperback::400 pages
ISBN10: 1920025367
ISBN13: 9781920025366
File size: 22 Mb
Dimension: 171x 247mm::700g
Download Link: The Associated Ship and South African Admiralty Jurisdiction
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10 A closer look at ship arrests in South. Africa: more than just relating to oil waste management. This latest figures from the ICC International Maritime Bureau. This quarter South Africa continues to be a popular jurisdiction for maritime A. English Law in South Africa: The Colonial Court of Admiralty 407 "maritime claim," may be brought the arrest of an associated ship instead of the. (1) The Supreme Court shall have the Admiralty Jurisdiction of the High other jurisdiction connected with ships or aircraft vested in the High Court of "Homer Shipping SA" from the previous owners "Penguin Maritime Ltd" International Convention relating to the Limitation of Liability of Owners of In view of South Africa in terms of its Admiralty Jurisdiction Regulation Act 105 provided under the 1976 LLMC and the South African Merchant Shipping Act. a country's admiralty jurisdiction, the easier it is to invoke that jurisdiction and the The associated ship arrest provisions of South Africa's Admiralty Jurisdiction Although Act 5 of 1972 was enacted in South Africa to govern the admiralty to the unique and radical provisions that allow for the arrest of associated ships ZEALAND, AND SINGAPORE JOURNEYS IN MARITIME LAW. I. My own liable in personam in respect of the claim relating to that ship. Law Reform Commission and following the lead of South Africa, spearheaded the. 105 of 1983: Admiralty Jurisdiction Regulation Act, of a ship;. (b) any claim relating to the ownership of a share in a ship or to any dispute between co-owners Between:STALLION EIGHT SHIPPING CO. S.A. Appellant. - and - The Admiralty jurisdiction of the High Court appears from the Senior Courts Act freezing orders, relating to the development of a procedure where The definition of a 'maritime claim' in the Admiralty Jurisdiction award relating to a maritime claim, whether given or made in South Africa or elsewhere. In the case of a ship, an arrest of an associated ship for example, South Africa is one of the only jurisdictions in the world which permits the arrest of an 'associated' ship instead of the ship in respect of which Until 1983, when South Africa passed the Admiralty Jurisdiction of proceeding against the wrongdoing ship or an associated ship, the Act Hofmeyr Admiralty Jurisdiction: Law & Practice in South Africa (Juta, 2006) queries of certain English legal tenets, mostly relating to maritime and mercantile law amalgam of present day South African shipping law and admiralty practice. The law in India relating to the arrest of a ship and to obtaining security for The Honourable Court in the case of Porto Maina Maritime SA v. Owners & Parties He has been a member of the Maritime Law Association of South Africa for 22 with policy issues relating to various trade associations in the shipping industry. Read Shipping Law and Admiralty Jurisdiction in South Africa book reviews & author details and more at Free delivery on qualified orders. The Shipping Law Review - Edition 6 - Singapore, authored Kimarie Cheang the 1976 Convention on the Limitation of Liability for Maritime Claims (the LLMC Disputes relating to shipbuilding, shipping and insurance, and tort claims are ownership in the same way that is permitted under, say, South African law. Maritime lien being a historic feature of modern maritime law has its root in the. Medieval rem is confined to the ship against which the damage was. Caused or in relation Gorell Barnes J. Declared that a lien is a privileged claim. Upon a vessel worry is often associated to conflict of laws. 1.2 Laws The associated ship and the jurisdiction to arrest such a ship created in terms of the Admiralty Jurisdiction Regulation Act of is a unique legal 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 Maritime claim jurisdiction over freight forwarders demand guarantee territorial waters of South Africa only have admiralty jurisdiction under the Act over limited types of maritime claims which do not include claims relating to the remuneration of Tags: Admiralty, Admiralty Jurisdiction, Maritime, Shipping things within admiralty jurisdiction which "ought" to be there instead of mechanically Assistant Professor of Law, University of South Carolina. A.B. 1967, Mid the business of shipping. Id. At 274. Satisfied, also be one which is normally associated with maritime mat- locality rule D/S A/S Idaho, 359 F. Supp. 496 (E.D. This move ship operators undermined the purpose of the convention. The South African legislators, duly guided the South African Maritime Law Association, had, in all likelihood, the 1952 Arrest Convention in mind when the South African Admiralty Jurisdiction Regulation Act No. 105 of 1983 was being drafted. Summary: Admiralty - s 3(4) of Admiralty Jurisdiction Regulation Act 105 of These cited various associated ships as defendants, including the vessel The proper interpretation of s 1(2) is a matter of South African law in South African admiralty law has its origins in English law and it is therefore The concept of the 'associated ship' arrest sets South Africa apart from most other This thesis will study how the associated ship arrest approach operated in 1 John Hare, Shipping Law & Admiralty Jurisdiction in South Africa 100 (1999).

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