First UN Conference on the Law of the Sea (UNCLOS I) Aftermath of the Second World War The conduct of the belligerent powers during the Second World War demonstrated the need for a more orderly system of using the seas and oceans for various purposes. During the war, the rights of neutrals were largely disregarded...
May 18, 2024
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April 23, 2022July 25, 2022Evolution of the law of the sea, International Laws of The Sea
Pre-UN Development of the Law of the Sea
Pre-UN development of the law of the sea Introduction We know that as early as the fourth millennium BC there were maritime trade routes connecting Mesopotamia with the Indus Valley. It is also known that commercial contacts between the Mediterranean basin and lands to the east existed as early as the Old Kingdom epoch in...
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April 23, 2022July 25, 2022Admiralty jurisdiction and procedure, Admiralty Law
Enforceability of Claims under The Admiralty Jurisdiction of The High Court
Enforceability of claims under the Admiralty jurisdiction of the High Court Nature of in rem proceedings The advantages of the in rem claim over the claim in personam are several: a) It provides the claimant with security. The claimants in rem can have the ship arrested and either released when the shipowner provides security or,...
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April 23, 2022July 25, 2022Admiralty jurisdiction and procedure, Admiralty Law
The Nature of Admiralty Jurisdiction
The Nature Of Admiralty Jurisdiction Statutory rights in rem and maritime liens The Senior Court Act 1981 (hereinafter known as SCA 1981) provides the means for the enforcement of all claims under the Admiralty jurisdiction of the High Court. The SCA 1981 does not create a cause of action. Thus, the legal right must be based on other grounds. A...
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April 23, 2022July 25, 2022Contracts of affreightment and voyage charter parties, Law of The carriage of Goods by Sea
Owner’s Implied Obligations II
Owner’s Implied Obligations II – The Duty To Provide A Seaworthy Ship Meaning of seaworthiness A ship is not seaworthy unless she has that degree of fitness to encounter the ordinary risks of the voyage that an ordinary careful and prudent owner would require at the commencement of the voyage, and is similarly fit for...
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April 23, 2022July 25, 2022Contracts of affreightment and voyage charter parties, Law of The carriage of Goods by Sea
Owner’s implied obligations I
Owner’s implied obligations I – general principles> Liability Of Sea Carriers At Common Law Liability of common carriers In the case of Forward v Pittard, it was noted that the fire started accidentally, away from the goods in the carrier’s care and that the carrier was not negligent. However, being a common carrier, he was liable...
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April 22, 2022July 25, 2022Marine Insurance Law, The contract of marine insurance
The Subject of Marine Insurance
The Subject of Marine Insurance What Can Be Insured Generally, everything that will be exposed to risk of facing the perils of the sea will be subject to a contract of a contract of marine insurance. This can be seen in Section 3 MIA. What Is Covered By A Policy On A Ship Usually in...
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April 22, 2022July 25, 2022Marine Insurance Law, The contract of marine insurance
Codification of the Law of Marine Insurance
Codification Of The Law Of Marine Insurance 01. Condifcation The Marine Insurance Act 1906 (hereafter referred to as the MIA within the Marine Insurance Law Series) codifies all decisions of Courts and industry practices within the marine industry. 02. Definition of Marine Insurance Section 1 MIA – A contract of marine insurance is a contract...