Initial advances into Iranian territory were repulsed and by 1982 Iraq had withdrawn to previously recognised international boundaries. The war on land lapsed into statement with neither side being capable of launching a sufficiently strong offensive to terminate hostilities. Partly in retaliation for Iran's successful blockade of Iraqi shipping and partly in an attempt to cripple Iranian oil exports and undermine the enemy war effort, Iraq expanded the conflict onto the waters of the Persian Gulf. Exclusion zones were declared in the northern Gulf, and shipping calling at the Iranian oil terminal at Kharg Island singled out for unannounced missile attacks. Iraq has hit over 170 tankers in the Gulf war. Iran has made fewer attacks but most of these have occurred outside both the Iranian and Iraqi war zones. Neutral shipping calling at neutral Gulf ports are considered lawful targets for destruction. Recently Kuwaiti-bound' vessels have been hit. Neutral merchant shipping is being stopped and searched at the entrance to the Gulf. The United States, having committed itself to upholding the freedom of neutral navigation in the region, has transferred Kuwaiti tankers to US registration and is escorting the re-flagged vessels to protect them from Iranian interference and attack. The United Nations Security Council has passed Resolutions calling for an end to the hostilities and has denounced attacks on neutral shipping in international waters. No Chapter Vll procedures for collective security enforcement under the Charter have been invoked 6. and not one of the Resolutions is binding.

A contract of carriage by sea evidenced inter alia by a bill of lading or charter-party governs and regulates the relations between the parties to whom it applies. As in any other contract, the parties have certain duties and obligations provided for by the contract whether expressly or by implication. This paper focuses on the effects of a breach of such a contract, in particular when such a breach is a fundamental breach or is a geographical deviation made by the carrier. The effect of an exclusion or limitation clause contained in a contract, in the event of such breaches will also be considered. There exists no jurisprudence in South African shipping law dealing with a fundamental breach or a deviation and thus in terms of s6(1) of the South African Admiralty Jurisdiction Regulation Act no. 105 of 1983, English law is the law applicable should a South African court be faced with a situation involving a fundamental breach or geographical deviation. The doctrines of deviation and fundamental breach will be examined from the moment of their inception to arguably their disintegration. Exclusion, exception and exemption clauses are all those clauses which exclude a party who has committed a breach from liability, and limitation clauses are those limiting liability. How these have been affected by the doctrines of deviation and fundamental breach as well as the survival of these doctrines will now be seen

The importance of ships to a nation, either in peace or war time is great and has been recognised since early times. The fact that ships and seamen, wherever they come from, or to whichever nation they belong, are exposed to the same dangers and are dealing with the same problems, has made maritime law uniform. This system of law has been one of the few, if not the only one that has been uniform for a period of thousands of years. Its rules were formed by the customs of the sea and the effort of seamen to overcome their · · common problems with the result that, although the political and social circumstances on land changed very often, the principles of maritime law remained unchanged.

The paper on maritime arrest describes the work of the international community for the arrest conventions from 1952 and 1999 as well as the practical impacts of the codes of civil procedure in Germany and Sweden.

L’importance des descentes de la fin du XVIIe siècle et du XVIIIe siècle contre la côte bretonne a renforcé l’image d’âge d’or de la Bretagne des XVIe et XVIIe siècle alors épargnée par les guerres. Pourtant, la Bretagne est une frontière maritime du royaume de France depuis le mariage de la duchesse Anne avec Charles VIII. La côte de cette province est marquée par de nombreux débarquements et sa défense est au centre des préoccupations. Toutefois, si la Bretagne est frontalière, les contours de cette frontière sont difficiles à cerner. Cette étude propose d’examiner l’organisation de la défense de la Bretagne pour mieux comprendre les différentes perceptions de la frontière maritime, d’une part par l’Etat royal et ses représentants dans la province et d’autre part à l’échelle de la Bretagne par les institutions locales, Etats, Parlement et Chambre des comptes, et également par les habitants de la côte. Les périodes de crises que constituent les descentes ou les craintes de leur occurrence, ainsi que les oppositions entre le pouvoir royal et les pouvoirs provinciaux quant à la forme que doit prendre la défense de la province, sont un levier qui permet de mieux appréhender l’évolution de la construction de la frontière et donc de sa perception aux XVIe et XVIIe siècles. / The importance of raids in the late seventeenth century and the eighteenth centuries against the Brittany coast has strengthened the image of a golden age in Brittany in the sixteenth and seventeenth centuries supposedly spared by war. Yet Brittany is a maritime frontier of the kingdom of France since the marriage of Duchess Anne with Charles VIII. Numerous landings strike the coast of this province and his defense is a central concern. However, the limits of this border are difficult to identify. This study proposes to examine the organization of the defense of Brittany to understand the different perceptions of this maritime boundary, on the one hand by the Royal Government and its representatives in the province and on the other in Brittany by local institutions, Estates, Parliament and Chamber of Accounts, and also by the inhabitants of the coast. Periods of crises that are raids or fears of their occurrence, as well as conflicts between the royal government and the provincial authority on the form to be taken by the defense of the province, provide insight into the changes in the construction of the border and thereforce its perception in the sixteenth and seventeenth centuries.

Texte remanié de: Thèse de doctorat--Histoire--Paris 4, 2001. / Bibliogr. p. 629-653. Notes bibliogr. Index.

Texte remanié de: Mémoire de maîtrise--Histoire--Rouen, 2006. / En appendice, choix de documents. Notes bibliogr.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2008.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 1994.

Modern maritime piracy is cause for major concern around the world. Although there have been preventative measures deployed by maritime nations to counter the crime, there is a need to develop an efficient regime to prosecute pirates. The general modus operandi that is employed by arresting-vessels is a 'catch-and-release' procedure, which means that there are no further steps taken to bring these pirates to account for their crimes. The purpose of this dissertation is to analyse the main challenges that face domestic judicial systems in prosecuting pirates of the high seas. Chapter 1 of this Dissertation sets out the parameters of the study, followed by Chapter 2 which will detail current international instruments that specifically relate to the crime of maritime piracy. This would include an examination of the successes and shortcomings of the piracy provisions of UNCLOS Articles 1 00 - 107, the recent UNSC Resolutions, SUA, and the IMO as well as discuss the 1MB PRC and other Regional Agreements in place to counter piracy and provide for the successful prosecution of suspected pirates. Chapter 3 will focus on the prosecutorial problems dealing with the crime of piracy that face judicial bodies around the world. The Chapter will highlight and discuss the various political and human rights issues that have discouraged the majority of states from prosecuting suspected offenders of this crime, as well as their reluctance to exercise universal jurisdiction over piracy. In addition, the recent Kenyan ad hoc piracy tribunal decisions will be discussed in order to assess the lack of uniformity in the interpretation and application of international law piracy provisions as against domestic law. Chapter 4 examines the South African Law and Policies in place that counterpiracy, and also considers whether South Africa could exercise jurisdiction over piratical matters. Thereafter, Chapter 5 proposes recommendations that may be employed in order to bring about a much needed uniform approach to the successful prosecution of suspected pirates. Lastly, Chapter 6, shall comment and conclude on the findings of the previous chapters. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.