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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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The Associated Ship and South African Admiralty Jurisdiction

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ISBN13: 9781920025366
Published: October 2010
Publisher: Siber Ink CC
Country of Publication: South Africa
Format: Paperback
Price: Price on Application

The Admiralty Jurisdiction Regulation Act 105 of 1983 was a radical and far-reaching, as well as overdue, modernisation of South African admiralty law. Described as 'bold, innovative and comprehensive', it introduced - for the first time anywhere in the world - the provisions enabling an action to be pursued by way of the arrest of an associated ship rather than the ship in respect of which the claim lay. This work, by one of South Africa's pre-eminent shipping lawyers, analyses the nature of this novel action. That involves a review of how the jurisdiction came about; its nature and impact; the problems to which it gives rise and the making of some modest suggestions concerning the road ahead.

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South Africa, Other Jurisdictions
The introduction of the associated ship, jurisdiction
the previous legal landscape, the Roman-Dutch law and the attachment ad fundandam et confirmandam jurisdictionem, English Admiralty law and the action in rem, do the action in rem and the attachment ad fundandam et confirmandam jurisdictionem share common origins?, conclusion
the action in rem in South Africa
the road to the associated ship - the process of reform, the arrest convention, South Africa and the arrest convention, piercing the corporate veil?, a justification for the associated ship arrest
the early development of the associated ship jurisdiction - Introduction, the original associated ship provisions, the Berg, the associated ship in practice, conclusion
the amendments and the present associated ship jurisdiction - Background to the amendments, expansion of the list of maritime claims, amendments to the associated ship provisions, the present requirements for an associated ship arrest
the concept of control - Introduction, the statutory provisions, the proper meaning of control, potential problems in relation to control
Single or multiple arrests? - Introduction, the Fortune 22, policy factors in favour of multiple arrests, protection against oppression, conclusion
the constitutional dimension: Supremacy of the constitution, the constitution and the associated ship, the associated ship and s 25(1) of the Constitution, proof of association, fair hearing and equality, conclusion
security arrests, introduction, associated ships and security arrests
theories of the action in rem, is there a South African action in rem?