Includes bibliographical references. / The test for remoteness of damages laid down in Hadley v Baxendale has survived more than a century and a half with comparatively little meddling from the English courts. That is not to say there has been no attempt at refinement or clarification. The recent decision in The Achilleas saw five Law Lords coming to the same conclusion as to the rule’s effect but for very different reasons. This dissertation will consider the historical development of the Hadley v Baxendale rule, its rationale, its application in the later English cases of Nettleship, Victoria Laundry and The Heron II, the approaches adopted by the House of Lords in The Achilleas, its subsequent effect in The Amer Energy and The Sylvia, the difference in approach adopted in tort and finally will conclude with a comparison of the approaches to assessing remoteness of damages in English and South African law.

The carrier identity problem is one that may arise in the context of the international carriage of goods by sea. This problem may arise in a variety of ways particularly when the carriage arrangements are complex or where there is no clear documentary evidence that may assist in the identification of the contractual carrier. The identification of the carrier is a question of fact that can be drawn from the circumstances surrounding the carriage contract and the transport documents issued in relation to the carriage of goods by sea. The core question in solving this problem is to ask is which party assumed responsibility for the carriage and delivery of the goods. There are various ways in which the carrier may be identified, however, it must be understood that the solution to the carrier identity problem is not so straightforward. The carrier identity problem can stem from the way in which these methods of identifying the carrier are executed in practice. The dissertation argues that the relevant provisions of the Rotterdam Rules relating to the identity of the carrier are an improvement on the relevant provisions in the Hague-Visby Rules and the Hamburg Rules in that they provide a more coherent and clearer solution to the carrier identity problem than the previous carriage regimes did as well as providing solutions where the previous dispensations did not. The dissertation does not address all manifestations of the carrier identity problem, instead three specific examples are used to highlight the various aspects of the fundamental problem in order to assess whether the Rotterdam Rules have been an improvement on the previous carriage regimes. These specific instances are; when there is insufficient information to identify person or entity that is the contractual carrier; when there are different contractual and performing parties and; the carrier identity problem in the context of multimodal transportation. The Rotterdam Rules aim to be more an extensive and uniform set of Rules attempting to be a reflection of modern commercial practice in tune with the current trends and practices. The Rotterdam Rules provide what can be labelled as pre-emptive and reactive measures which seek to prevent the carrier identity problem from arising as well as providing solutions for situations when the carrier identity problems arise. This dissertation assesses whether the Rotterdam Rules, as compared to the previous dispensations do provide solutions to the carrier identity problems as well as whether such solutions are adequate to fully address these identified problems.

In the 55th meeting of the International Maritime Organisation's (IMO) Marine Environment Protection Committee (MEPC) in October 2006, the Committee noted that the impact of greenhouse gas emissions from the burning of marine fuel oil on climate change is a serious concern and even though shipping is considered an environmentally friendly mode of transport, it too must change with the times and take action to reduce its own greenhouse gas emissions. If it does not, then shipping will fall behind other industries and become one of the largest producers of greenhouse gas emissions in the future.

The purpose of this dissertation is to evaluate and analyse the test for the wrongful arrest of vessels and cargo, although my primary focus will be on vessels. My evaluation is geared toward a view that the test is anachronistic, in need of revision and no longer applies effectively in the present day. I will begin by explaining wrongful arrest, and discuss its origins and history, and how the test for wrongful arrest has been applied in various jurisdictions, both common and civil law jurisdictions with a focus on common law judgements. This dissertation also includes reference to the renewed campaign to reform the test for wrongful arrest of vessels, initiated by Professor Mandaraka-Sheppard and debated between Sir Bernard Eder and Martin Davies. I will consider their respective views, supporting justification, arguments in favour and against the reform of the test, as well as possible solutions as to how the test should be reformed. When the test was first established, it was geared to address the challenges of a particular context in time, and now, not only is that context no longer in existence, but the test has created the perhaps unintended consequence of denying potential litigants access to courts, thus creating an inequitable and unjust situation. The work of the International Maritime Committee and the International Working Group on Wrongful Arrest of Vessels, is part of this study, as well as the results of the Questionnaire issued by the International Maritime Committee and the role it seeks to play in achieving harmonisation of the law relating to wrongful arrest. In conclusion, based on the discussion of the issues above, I will affirm my view that the time has come for the revision of the test as it stands in respect of wrongful arrest, and further that this revision should be one that establishes uniformity and harmonisation in this area of the law.

Includes bibliographical references. / The United States Oil Pollution Act 1990 (OPA), contains a provision, s1002(b) (2), that sets out six categories or kinds of damage that may be recovered from a ‘responsible party’ liable for losses resulting from damage caused by the discharge of oil in United States (US) waters. The provision was drafted with the purpose of facilitating a predictable and just outcome for claimants against such a responsible party. The central argument of this dissertation is that the intended purpose is undermined by difficulties in interpreting certain of these provisions, and that, if these provisions are to achieve their objective, they require legislative amendment and that such reform is urgent. The BP Spill highlighted the issue of the lack of clarity in the claims provisions of the OPA as well as revealing the potentially catastrophic and widespread effect that a spill of this magnitude can have.

Does the creation of a deemed servant-master relationship, between pilot and ship-owner or master through section 76 (2) of the National Ports Act (hereafter the NPA); accurately reflect the de facto relationship in which the parties stand? Can the provision's importation of the doctrine of vicarious liability and consequent foisting of liability on the ship-owner be defined as logical, just and practical? It will be argued after having had recourse to the manner in which these roles have come to be defined and understood in South African labour jurisprudence, the governing law, respective positions occupied by ship-owner and port authority, broad-based considerations of policy, and key tenets of the rationale underpinning the concept of vicarious liability; that the answer to the above-raised questions is are sounding no. In addition, the writer will submit that the privatisation of pilotage services presents a solution, alternate to the irrational imposition of the doctrine of vicarious liability, which is palatable to government, ship-owning interests and pilot. a) Introduction Typically, claims arising from consequences of pilot error satisfy the definition of a 'maritime claim' contained in s 1 (1) (e) and s 1 (1) (l) of the Admiralty Jurisdiction Regulation Act. As a result thereof; a South African court sitting in admiralty has jurisdiction to hear such claims. As to the identification of the appropriate law; s 6 (2) dictates that South African statute, if relevant, trumps pre-existing English admiralty law and is the law to be applied. The NPA, chiefly through sections 75 and 76, regulates the extent of the pilot's liability for his/her acts or omissions whilst a vessel is under compulsory pilotage. Thus, the Act is applicable to disputes arising from pilot error, before a South African court sitting in admiralty.

Includes bibliographical references. / This thesis has the aim of analysing the metamorphosis of piracy into its present day status as a menace and how it has impacted most especially on the marine insurance industry. The marine insurance industry is basically comprised of the relationship between the assured (shipowner/cargo owner) and the insurer, and the nexus which creates the relationship between these parties lies in the marine insurance policy which is taken out by the assured and underwritten by the insurer.

The topic of this dissertation is whether the requirement of' a prima facie case' and the approach to determining whether it has been met in the context of security arrests 'in terms of section 5(3) of the Admiralty Jurisdiction Regulation Act' ("the Act") is still appropriate, and if not, what should the approach and the requirements be both to security arrests and to attachments at common law and under the Act. One of the current requirements for obtaining the relief sought in (a) 'an application for an order for attachment to found or confirm jurisdiction' before courts exercising their general civil jurisdiction ("attachments at common law"); (b) 'an application for an order for attachment to found or confirm jurisdiction' before courts exercising Admiralty jurisdiction ("attachments in personam under the Act"); ( c) arrests in rem to enforce a claim in Admiralty ("arrests in rem"); and, (d) an application for an order for an arrest in Admiralty ("security arrests") is that the applicant must show 'that it has a prima facie case on the merits against the respondent.

It is estimated the paperwork associated with international freight transport may absorb between 7 and 10 per cent of the cost of trade and is now too cumbersome for the rapid and efficient movement of goods

Thesis (M.B.A.)--University of Hong Kong, 1984.