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One aspect of the international problem of marine pollution is pollution by ships. As an international problem, pollution by ships demands action at a level above the national. Many international agreements have been reached, but this thesis argues that a comprehensive liability regime is now necessary. To find the principles upon which such a liability regime should be based, decisions of international tribunals, acts of state practice, and existing conventional arrangements are canvassed. "Reasonableness" is found to be the central characteristic, and is given more specific meaning through the survey. A convention is proposed in general outline only, but a regional framework is suggested, and principles on which to base the convention are summarized. / Law, Peter A. Allard School of / Graduate

The origins of marine salvage law may be traced to a code of Rhodian Sea laws promulgated in 500BC. Presently, while salvage law retains the foundations of this early codification, it has undergone a complete metamorphosis in order to adapt to changing circumstances and new challenges of the 20th and 21st century. Over the past few decades there have been many major oil spills. When they occurred each spill, for different reasons was declared as the most environmentally damaging. In their wake, they leave a trail of death and destruction of the eco-system. As public concern for and awareness of the marine environment increases, governments and salvors face increased pressure to avert wide-scale pollution. In these instances, the stakes are high and the necessity and effectiveness of professional salvage only too clear. This study investigates the role played by the professional salvor and considers how the developments in the law have impacted upon the salvor's role in salvage operations. This work has its genesis with this background in mind. It is essentially a study of the changes and developments in the law of Marine Salvage. The law relating to salvage is dynamic and international in nature. Dynamic in that it needs to adapt to new economic and environmental factors. This study examines and explains how these economic and environmental factors impacted upon and necessitated changes to the law of salvage. It is international, in that salvage operations invariably involve parties from different countries. In some instances of large-scale pollution disasters the physical environment affected may encompass different countries/waters. At times the discussion into the practical aspects of the salvage operations, salvage tugs and the industry as a whole has a tendency to become rather technical. For this I make no apology, for the world of marine salvage has totally fascinated and captured my attention. In the international context the law relating to Salvage may be found in the International Convention on Salvage 1989. Many countries have ratified the convention and have subsequently enacted their own statutes based on the provisions of the Salvage convention. Other countries like South Africa have chosen not to ratify the convention and have formulated their own Statutes relating to the salvage. The salvage laws of the United Kingdom are perhaps mostly widely used. Its popularity may be attributed to London being the salvage arbitration capital of the world as well as the influential use of LOF in salvage operations which stipulates English law as the lex contractus. The United Kingdom has ratified the International Salvage Convention and enacted the Merchant Shipping (Salvage and Pollution) Act 1994 which gave effect to the provisions of the convention. The current statute regulating Salvage is the Merchant Shipping Act of 1995. The principal focus of this work will be English law, as applied in the United Kingdom as well as South African law. Passing reference is also made to the provisions of American law where relevant. / Thesis (LL.M.)-University of Natal, Durban, 2003.

Thesis (M. Dev.) -- University of Limpopo, 2016 / This mini-dissertation deals with the legal analysis of the prohibition of marine pollution. It is found that the harmful effects of marine pollution on the marine ecosystem, human health and the economy is a problem that needs to be solved immediately. International Conventions and different legislation have been drafted in order to regulate, reduce, mitigate or stop marine pollution. Despite the existence of these conventions and legislation, this problem continues unabated. Large numbers of marine species are known to be harmed and killed as a result of marine pollution. Marine pollution did not receive much attention until many species in the sea and the marine ecosystem faced adverse consequences resulting from marine pollution. Although it has become a global concern, most nations are still producing huge pollution loads. This mini-dissertation analyses the legal framework and the sources of marine pollution, the effects of marine pollution on the marine ecosystem and human health. Furthermore, it makes a comparative analysis between South Africa as developing country and Australia as a developed country in order to determine what South Africa could learn from Australia. The study makes recommendations on how marine pollution can be solved, mitigated or combatted. / National Research Foundation (NRF)

published_or_final_version / Environmental Management / Master / Master of Science in Environmental Management

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Thesis (LLD.) -- University of Limpopo, 2021 / This thesis, “Regulation, control and prevention of marine pollution in South Africa: A Comparative analysis between national and international legal framework” focuses on the existing laws, conventions, treaties and policies on the control and prevention of marine pollution. Various laws have been enacted in South Africa to prevent and control marine pollution. However, marine pollution continues to increase at a rapid rate. This study aims to establish a basic approach that is aimed at combating marine pollution through examining the regulation, prevention and control of marine pollution in South Africa, with a specific focus on the comparative analysis of national and international framework. To this end, a comparison is made between South Africa and other jurisdictions in Africa, Europe, Asia and Latin America. The reason for employing a comparative approach is to learn best practices and finding solutions to the problem of marine pollution. Thus, the international legal framework, regional framework and operations of intergovernmental bodies and non-governmental bodies on the effort of combatting marine pollution were analysed. The objectives of this study were to examine how marine pollution is prevented through the existing legal framework; to identify the reason for the increasing rate of marine pollution despite the existing legal framework promulgated to curb marine pollution; to determine the effectiveness of the newly created IMOrg, juxtaposing it with similar organisations in other jurisdictions and to propose amendments to legislation that prevent and control marine pollution to ensure effective protection of the marine environment. This study was guided by questions such as the following: Do the existing legal frameworks adequately protect and control marine pollution? What is the reason for the increase in marine pollution despite the existing legal framework regulating marine pollution? How effective is the IMOrg in ensuring that South Africa address marine pollution? Is there a need to promulgate more effective legislation preventing and controlling marine pollution? x The study adopted a non-empirical qualitative research design that does not include data collection, questionnaire, systematic data analysis, observations and/or interviews. The study relied on the library materials that include but are not limited to textbooks, reports, legislations, regulations, charters, policies, amendments to the legislation, journals or academic journals, government gazette, constitution, national and international journals. From the materials consulted, the study revealed the existence of a relationship between the national and international legal framework. However, such an existing relationship is not good enough to effectively prevent the marine environment from harm. This is because a plethora of national legislations that regulate the marine environment comprise less stringent measures to deter future contravention. The study recommends amendments to legislations that regulate marine pollution to impose penalties that have a deterrent value on parties. The study advises against the repealing of these legislations.

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