Dissertations / Theses on the topic 'Shipping law'
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1
Wu, Yeong-Chyan. "The economic regulation of ocean liner shipping in a newly industrializing country : a survey of alternative regulatory modes and policy considerations concerning Taiwan's liner industry /." Thesis, Connect to this title online; UW restricted, 1988. http://hdl.handle.net/1773/9628.
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Guilfoyle, Douglas James Adrian. "Shipping interdiction and the law of the sea." Thesis, University of Cambridge, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.613385.
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Antoniou, Anna-Mari. "Complying shipping documents under UCP 600." Thesis, University of Southampton, 2011. https://eprints.soton.ac.uk/210539/.
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This thesis analyses the Uniform Customs and Practice for Documentary Credits (UCP) against the backdrop of the question: ‘what documents must a beneficiary, acting as seller under an international sale of goods carried by sea, present to a bank, and how must he present them, in order for the presentation to be considered compliant?’. It interprets the rules through the answer to this question by looking at national law but also the range of supporting material published by the International Chamber of Commerce. This includes the International Standard Banking Practice, Banking Commission Opinions and Recommendations and DOCDEX decisions. It is unique, because it is one of the few pieces of academic research to place emphasis on these documents and argue that they provide clarification and addition to the UCP. The result of the analysis is a list of proposals for amendments and additions, specifically to UCP but also in some cases to letter of credit law generally. It is these proposals and the arguments for them that are the original contribution to research. Perhaps the most daring submission, never made before in another piece of legal writing, is the proposal that the location of the Fraud Exception to the Autonomy Principle of letters of credit, and indeed all exceptions to the principle, are to be found in the UCP themselves. Where past research has adamantly held that the UCP do not deal with fraud, I submit that they do, and the analysis of the corresponding articles evidence this. The law is stated as at 1 September 2011.
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Lawson, Lauren. "An analysis of the factors inhibiting ECDIS from effectually achieving its intended primary function of contributing to safe navigation." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29864.
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This research is contextualised in the maritime domain, where since the introduction of legislation mandating the carriage of Electronic Chart Display and Information Systems (ECDIS) by merchant vessels, evidence has emerged of unintended consequences of this legislation – which threaten the safety of navigation. The real-time presentation of information displayed by ECDIS should improve deck officers’ cognitive assessment of their navigational situation, yet the terms ‘ECDIS-assisted accidents’ and ‘ECDIS-assisted groundings’ have of late become part of maritime terminology. This dissertation presents an analysis of the factors inhibiting ECDIS from effectually achieving its intended primary function of contributing to safe navigation. Applicable legislation is identified and case studies are used to scrutinise the efficacy of the current legal framework regulating the use of ECDIS. The potentially unsafe technical operational aspects and limitations of ECDIS are analysed and the human factor and human error in the use of ECDIS are critically evaluated. Current industry initiatives to improve the safety of navigation with ECDIS are outlined and additional measures to mitigate unsafe practices in the use of ECDIS by deck officers are considered. This research finds that despite an apparently robust legal framework regulating the use of ECDIS, the current legislative provisions do not appear to be effective in preventing ECDIS-assisted accidents, particularly vessel groundings. It is found that ECDIS training has not been sufficiently integrated into the STCW Code and express provisions mandating how ECDIS should be used as an aid to navigation are inadequate. Overreliance is identified as a primary risk in the use of ECDIS, as it significantly reduces navigational safety. ECDIS is an aid to navigation and must be used in conjunction with traditional watchkeeping skills and the practices of good seamanship. Given that most maritime casualties are caused by human error, measures to address the human factor should be embedded into ECDIS pedagogy. Instead of fulfilling its primary function of improving the safety of navigation, the use of ECDIS can in fact reduce situational awareness by distracting navigators from looking out of the bridge windows. This research concludes that in the case of ECDIS, the introduction of technology intended to reduce human error in shipboard operations has inadvertently created new error sources. Improved training methods are required to address these types of technologically-generated error pathways.
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Renggli, Helen Louise. "An evaluation of the solutions provided by the Rotterdam Rules to identifying the carrier." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/18591.
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While the identification of the carrier under a contract for the carriage of goods by sea, whether as unimodal transport or as a leg of a multimodal transport, for the purposes of determining the person liable for the loss or the damage to goods carried, does not generally present a cargo interest with difficulties, there are instances in which it may do so. This minor dissertation evaluates the solutions provided by the Rotterdam Rules to certain 'identity of the carrier problems'.
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Solf, Katarina. "Opening up the rich man’s club : ways to solve the clash between IMOs need for a more efficient decision-making process and the necessary participation of developing countries in the process?" Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13007.
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Includes bibliographical references.The question this dissertation aims to answer is how developing countries can be better included in the IMOs decision-making process in order to make the process more efficient regarding time efficiency and the enforcement of decisions. It will be shown that the decision-making process of the IMO lacks efficiency regarding time-efficiency, which leads to a delay in finalising, adopting and implementing IMO decisions. Furthermore, the implementation and enforcement of decisions is inefficient. It will be demonstrated that the IMO would work more efficiently if developing countries would be better included in the decision making process. In order to point out ways to increase the IMOs efficiency and to improve the participation of developing countries in the process, seven suggestions on how to improve the efficiency of the IMO will be analysed. However, it will be shown that only a few of them have the double effect of improving the effectiveness of IMO´s decision-making process and strengthening the participation of developing countries. Out of the seven proposals for strengthening the efficiency of the IMOs decision-making process that are to be examined in this work only a change to the structure of the IMO to open up the “rich man´s club” and the expansion of the IMOs efforts to strengthen the member states implementation willingness achieve both objectives at the same time. However, there is not just one way to improve the IMOs decision-making process and the participation of developing countries in it. For achieving the best results, a few of the proposals should be combined.
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Davidson, Samuel John. "Overlapping jurisdiction between admiralty and insolvency law: an evaluation and comparison of the South African and English legal approaches?" Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12856.
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Deacon, Melissa Emma. "Assessment of contractual damages : developments in the test for remoteness in contractual damages under English and South African law, with particular regard to the 2008 House of Lords judgement in The Achilleas." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12667.
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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.
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Samkange, Ruvarashe Kudzai. "Are the relevant provisions of the Rotterdam Rules dealing with the identification of the carrier an improvement over the Hamburg and Hague-Visby Rules?" Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27091.
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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.
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Paul, Daniel Alexander. "Towards a legal regime for limiting ship-source greenhouse gas emissions." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4429.
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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.
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Goordeen, Sohana. "The test for wrongful arrest of vessels: in search of harmonisation." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29667.
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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.
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Bradley, Martha Magdalena. "An examination of the inadequacy of the wording of the damage claim provisions of the Oil Pollution Act of 1990, resulting in interpretative legal difficulties as revealed by claims stemming from the Deepwater Horizon Oil Spill." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12857.
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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.
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Balmuth, Simon Mark. "The privatisation of pilotage services: a panacea for South Africa’s pilotage ills?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15161.
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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.
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Akinyeye, Oluwole. "The menace of piracy and its effects on the marine insurance industry." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12635.
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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.
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Sanchez, Natalie Isabelle. "An historical and multi-jurisdictional study of jurisdiction clauses in internaional maritime carriage contracts." Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/12634.
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Includes bibliographical references.This dissertation aims to engage in an historical and multi-jurisdictional study of forum selection clauses in the context of international maritime carriage contracts by: 1. Describing the historical situation which led to the inclusion of jurisdiction clauses in maritime contracts in the first place, providing background information on their regulation, construction and validity under the law, and touching upon other important preliminary considerations ( Chapter 2 ); 2. Providing a multi-jurisdictional analysis of the national regulation and enforcement of jurisdiction clauses contained in carriage agreements ( Chapter 3 ); 3. Providing an overview of the European regulation and enforcement of jurisdiction clauses contained in carriage agreements ( Chapter 4 ) ; 4. Providing an overview of the regulation and enforcement of jurisdiction clauses under the Hamburg and Rotterdam Rules ( Chapter 5 ); and 5. Offering suggestions for achieving greater harmonization of rules on jurisdiction clauses and concluding remarks ( Chapter 6 ).
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Forster, Tom. "The unmanned ship sets sail - is South Africa prepared to open The Ship Register?" Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25020.
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The dissertation discusses unmanned shipping from a South African perspective. While some nations are trailblazers in this field, other states lack behind and do not yet provide with a clear strategy for the future. Hence, the threat is real that they might be too late and will lose out in the competition to attract ship building, technology development, job creation and a whole new branch of industry. As a shipping nation in a strategically high important geographic area, South Africa's perspective is highlighted and it is examined whether the time has already come to open the ship register for unmanned vessels. Therefore, after a summary regarding the state of affairs, it is evaluated what the most severe dangers of unmanned shipping are from the perspective of compliance with safety regulations. Subsequently, a cost-benefit-analysis follows that seeks to anticipate the decision of the registrar burdened with the question of whether to allow an unmanned vessel of a certain level of autonomy on the South African register. Although it is found that the benefits in prospect are tremendous, it is also concluded that at this point in time great dangers and uncertainties are to expect and that possible solutions to those are still in their infancy. Thus, it is to conclude that the question whether South Africa should open its register for unmanned vessels must be yes ultimately, but not now.
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Kaestner, Christian. "Legal encouragement for salvage : an examination upon South African, English and German salvage law." Master's thesis, University of Cape Town, 1998. http://hdl.handle.net/11427/12735.
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Includes bibliographical references.The scope of this dissertation is an examination of the different aspects of legal encouragement for salvors in English, South African, and German salvage laws. For this purpose, attention will be given to the questions of whether the present salvage laws in England, as the "mother"-country for maritime law, in South Africa, and in Germany encourage modem salvors to undertake expensive and risky salvage operations or whether the mentioned legal systems dampen the salvor's motivation to salvage life and maritime property out of distress situations.
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Doble, Vanessa. "Do the provisions of section 3(7)(a)(ii) read with section 3(7)(b)(i) of the Admiralty Jurisdiction Regulation Act 105 of 1983 infringe the substantive requirements of section 25(1) of the Constitution of the Republic of South Africa Act 108 of 1996?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15160.
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In this dissertation, the issue that is considered is whether or not the provisions of section 3(7)(a)(ii) read with section 3(7)(b)(i) of the Admiralty Jurisdiction Regulation Act 105 of 1983 ('the Act') constitute an arbitrary deprivation of a minority shareholder's property because they permit the deprivation of minority shareholder's property interests purely on the basis of common control by the majority shareholder.
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Fitzgerald, Patrick. "A reconsideration of the prima facie case." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/18590.
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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.
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Ogega, Peris B. "The use of port state measures as a tool of combating illegal unreported unregulated fishing: Is there a need for expansion of coastal state jurisdiction?" Master's thesis, University of Cape Town, 2020. http://hdl.handle.net/11427/32544.
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This dissertation examines the scope and limitations of port state jurisdiction with respect to the enforcement of international conservation and management measures established under international and national instruments. The current fisheries regulatory regimes rely primarily on flag states to enforce these measures against foreign vessels. The aim of this dissertation is to recommend an expansion of port state enforcement jurisdiction over foreign vessels when fishing in the high seas. The expansion of port state jurisdiction supplements the role of flag states in enforcing the provisions of international conventions and agreements applicable in the high seas and also fills in where flag of convenience fishing vessels have failed to do so. To support this view, the dissertation will compare the issue of illegal unreported unregulated fishing with the issue of marine pollution. The significance of this comparison is to show how provisions in regard to marine pollution, have legitimized the expansion of port state jurisdiction to the extent that port states have enforcement jurisdiction over foreign flagged vessels which violate the provisions of LOSC relating to marine pollution in the high seas.
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Kouladis, Nicholas. "General average : a comprehensive study." Thesis, University of Southampton, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.358830.
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Bools, Michael D. "The ocean bill of lading as a document of title to goods in Anglo-American law." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.307475.
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Lewins, Kate. "The Trade Practices Act (Cth) 1974 and its impact on maritime law in Australia /." Access via Murdoch University Digital Theses Project, 2008. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20081223.135713.
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Chan, Amanda Cho Man. "Dispute resolution clauses in BIMCO standard shipping forms." access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21843053a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2006."Dissertation submitted as part requirement for the degree of Master of Arts in arbitration and dispute resolution of the School of Law of the City University of Hong Kong" Title from PDF t.p. (viewed on May 22, 2007) Includes bibliographical references.
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Voudouris, Ioannis. "Maritime transport properties and competition law issues : partial function cooperation agreements in liner and tramp shipping." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8764.
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The thesis deals with selected competition issues that occur within the dynamic and high-risk market of shipping, examining competition law issues in liner consortia and tramp pools through an EU Competition Law prism. These partial function joint ventures are the predominant form of alliances in the maritime sector. Liner trade is primarily organised in consortia, while pools are the most common form of tramp shipping alliance. The thesis' synthetic and analytic research incorporates the methodology and structure used in its competition law bibliography, while the legal analysis is informed with sources from microeconomics and maritime economics. The issues that are examined in relation to shipping include the four main areas of competition law: the relevant market, indicators of dominance, compliance of the alliance agreements with Article 101 TFEU and abusive conducts by dominant undertakings under Article 102 TFEU. The development of the above areas aims to demonstrate the interaction of sector particularities with competition law as a whole.
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Mitsakis, Nicolaos. "Shipping groups of companies : the phenomenon of one-ship companies and protection of creditors." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66231.
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Veselý, Ondřej. "Analýza logistické části Lend-lease Act (Public Law 77-11)." Master's thesis, Vysoká škola ekonomická v Praze, 2010. http://www.nusl.cz/ntk/nusl-75110.
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The diploma thesis discusses the issues of help mainly by the United States under the Lend- Lease Act during the Second World War. The theoretical part deals with the historical context and the economic s and political framework of the rise of the programme with an emphasis on the USA. The following part is focused on the quantification of the whole extent. A great part of the thesis is devoted to the issues of help by the Soviet Union. The emphasis is placed not only on the content, but mainly on the logistic issues. Following the historical context there are also four major transportation corridors discussed and their occupancy at the time, material flow and mode of transport are analysed.
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Pamborides, George Pan. "The impact of public international law on private shipping law : the effect of the modern international legislative and enforcement practices on certain principles of maritime law." Thesis, University of Southampton, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.264650.
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au, k. lewins@murdoch edu, and Kate Lewins. "The Trade Practices Act (Cth) 1974 and its Impact on Maritime Law in Australia." Murdoch University, 2008. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20081223.135713.
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The trade of shipping is necessarily international in nature. Courts and international bodies often
express the need to ensure international consistency in matters of maritime law. However, it has
been an extremely difficult goal to achieve. Many countries have refused to be party to international
conventions that seek to ensure comity. Some have enacted laws that reflect part but not all of those
conventions, or seek to improve the protection offered by the conventions. The domestic law of each
country also adds its own flavour to shipping law as recognised and applied by the courts in that
jurisdiction.
In 1974 Australia enacted the Trade Practices Act 1974 (Cth) (TPA), heralding a new era in
corporate and commercial law. However, its impact on maritime law on Australia has only been felt
over the last 10 15 years. It is potentially relevant to many areas of maritime law, including
carriage of goods by sea, cruise ships, and towage. This thesis explores the encroachment of the
TPA on a number of different areas of shipping law, using the few case examples on offer and
extrapolating the impact that the TPA may have. It also considers the extent to which the TPA is
stymied by simple contractual agreements to litigate or arbitrate in a non Australian forum, despite
the TPAs status as a mandatory statute within Australia.
Raised at various points in the thesis is the possibility of law reform, which is a complex compendium
of issues overlaid with a moral dimension does shipping, as an industry, deserve to be exempted
from the operation of the Act which sets a high standard of corporate behaviour? If so, how could
that reform be shaped? In the meantime, what steps can the shipping industry take to work within
the legal framework of the TPA?
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Ward, Robin McGregor. "The 'mystery' of the medieval shipmaster : the English shipmaster at law, in business and at sea between the mid-fourteenth and mid-fifteenth centuries." Thesis, Birkbeck (University of London), 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369792.
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Msiza, Sharon Phumzile. "The First Draft Merchant Shipping, Bill: Should South Africa implement the proposed amendments in section 271 of the Bill, in its current form?" Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31101.
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For over a period of over sixty years, South Africa has applied the provisions of the MSA enacted in 1951 to matters relating to shipowner’s right to limit liability. Since then, Parliament has made several attempts at amending the MSA with no success. However, determining whether South Africa should implement the proposed amendments in terms of the MSA Draft Bill, is an inquiry that should not only include a comparison of the old order with the newly proposed order, but, it should also require reasons as to why the reform should be achieved in a particular manner. This is important because knowing what the discrepancies of the current dispensation are, will enable us to evaluate whether the newly proposed amendments will address them.
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Peel, Samantha. "The development of the bill of lading : its future in the maritime industry." Thesis, University of Plymouth, 2002. http://hdl.handle.net/10026.1/407.
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This Thesis will consider the development of the traditional bill of lading from its origins, which appear to be much older than previously considered, up to the present day. The development of the bill of lading will be examined in order to answer basic questions: what is a traditional bill of lading, and what functions does it perform. In Part I of the Thesis the development of the three main functions of the traditional bill will be considered, namely receipt, contract, document of title. It will conclude with observations on the nature of the traditional bill of lading and how it differs from the early form of the bill of lading. Part II of the Thesis will then consider the development and nature of related shipping documents (charterparty bills, received for shipment bills, non-transferable bills), how far these documents perform the functions of the traditional bill of lading, and whether they can be truly described as bills of lading. Part II will then go on to consider the development and nature of electronic bills of lading and assess how well such bills perform the functions of the traditional bill of lading. The Thesis will conclude that although most of the functions of the traditional bill are in effect performed by electronic bills, electronic bills are in fact a new type of bill of lading and not merely a traditional bill in an electronic format. Conclusions will then be drawn as to what effect the development of new types of bill of lading will have on the future of the traditional bill of lading in the maritime industry.
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Jafari, Farhang. "The concerns of the shipping industry regarding the application of electronic bills of lading in practice amid technological change." Thesis, University of Stirling, 2015. http://hdl.handle.net/1893/24071.
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In the sea trade, the traditional paper-based bill of lading has played an important role across the globe for centuries, but with the advent of advanced commercial modes of transportation and communication, the central position of this document is under threat. The importance of the bill of lading still prevails as does the need of the functions that this document served in the past, although in a changed format. In the recent past, the world has witnessed a lot of debate about replacing this traditional paper-based document with an electronic equivalent that exhibits all of its functions and characteristics, both commercial and legal. More specifically, unlike many rival travel documents, such as the Sea Waybill, a bill of lading has two prominent features, that is to say, its negotiability and its acceptability as a document of title in certain legal jurisdictions that are required to be retained in an electronic bill of lading so as to also retain the prominence of this document in the future landscape. This thesis is, however, more concerned about the legal aspects of adopting the electronic bill of lading as a traditional paper-based legal document as well as an effective legal document in the present age. However, the scope of this debate remains primarily focused on the USA and UK jurisdictions. In the course of this thesis, it is observed that, in the past, the bill of lading has been subject to a variety of international regimes, such as The Hague Rules and The Hague-Visby Rules, and presently efforts are being made to arrive at a universal agreement under the umbrella of The Rotterdam Rules, but such an agreement is yet to arrive among the comity of nations. On the other hand, efforts made by the business community to introduce an electronic bill of lading are much louder and more evident. The private efforts, such as the SeaDocs System, CMI Rules, and the BOLERO Project, etc., were, however, received by the fellow business community with both applause as well as suspicion. At the same time, there are a number of concerns voiced by the international business community on the legislative adoptability in national and international jurisdictions and the courts’ approach in adjudicating cases involving electronic transactions and these are making the task of adoption of electronic bill of lading in the sea-based transactions a difficult task. Therefore, in the absence of any formal legal backing from national and international legislations, these attempts could not achieve the desired results. In this thesis, the present situation of the acceptability of electronic transactions in general, and of the electronic bill of lading specifically, has also been discussed with reference to certain national jurisdictions, such as Australia, India, South Korea and China, in order to present comparative perspectives on the preparedness of these nations. On the regional level, the efforts made by the European Union have also been discussed to promote electronic transactions within its jurisdiction. All the discussion, however, leads to the situation where the level of acceptability of electronic bill of lading in the near future is found to be dependent upon the official efforts from the national governments and putting these efforts towards arriving at an agreement on Rotterdam Rules as early as possible. The other area of importance revealed in this thesis is the need for change in juristic approach by the courts while interpreting and adjudicating upon cases involving electronic transactions. On the whole, this thesis has provided a cohesive and systematic review, synthesis and analysis of the history of the bill of lading, its importance as a document of title, and attempts to incorporate its important functions within the fast-paced electronic shipping commerce of today. In such a way it has provided a valuable contribution to the literature by providing a comprehensive resource for jurists, policy-makers and the business community alike, as they work towards adapting the bill of lading so that it might be successfully applied in electronic form.
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Duruigbo, Emeka Alexander. "Environmental aspects of international oil trade and shipping, business ethics and economic cooperation as compliance tools in international law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0001/MQ34443.pdf.
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Pesavento, Matthew Todd. "THE IMPACT OF DIRECT TO CONSUMER SHIPPING LAWS ON THE SIZE DISTRIBUTION OF WINERIES." Miami University / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=miami1564415779784843.
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Constantino, Chagas Lessa J. "Deconstructing 'abandonment of seafarers' : a study on the transnationality of abandonment of seafarers : to what extent do private actors/shipping industry stakeholders have an impact on abandonment of seafarers?" Thesis, City, University of London, 2017. http://openaccess.city.ac.uk/18043/.
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The Maritime Labour Convention amendments concerning abandonment of seafarers are expected to come into force in 2017, something long sought by seafarers’ representatives. The Convention is already considered a success, being referred to as a ‘super convention’ or ‘seafarers’ bill of rights’, and the amendments are expected to receive a similar reception. Although it is an international legal instrument, the Maritime Labour Convention also establishes, for contracting states, soft guidelines on how its provisions should be implemented. The Convention recognises that the seafarer is a transnational worker in that different states are entitled to adopt varying approaches to achieving the objectives of the law where the seafarer is concerned. It is argued in this thesis that seafarers are transnational workers, hence that ‘abandonment of seafarers’ is a transnational phenomenon. That in turn means that the concept should not be confined merely to current international legal definitions. From a legal point of view, abandonment is a contractual breach committed by the employer. From a moral point of view, it is the employer severing their responsibility for their employees. Although this analysis is made largely through an English law lens, legislations of different countries are also studied. The evaluation undertaken in this study proves that there is in reality only a nominal differences between the legal rules of these countries in this area. The thesis will also assert that third parties in the employer-worker relationship, the so-called ‘private actors’, also have responsibilities in preventing abandonment from occurring, or in providing assistance when abandonment does happen. These private actors are essentially those persons involved in the maritime trade network – including those having responsibility for safety, such as flag states, port states, classification societies and P&I Clubs. In this regard, it is also stressed in this thesis that substandard shipping is directly connected to abandonment of seafarers; indeed, the Maritime Labour Convention should thus be seen as an important tool to help combat substandard shipping.
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Svensson, Linn. "Trans-arktisk transport genom Nordvästpassagen : Förhållandet mellan utländska fartygs navigationsrätt och kuststatens jurisdiktion rörande fartygsföroreningar." Thesis, Stockholms universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-171247.
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The purpose of this paper is to analyse which navigational rights are applicable to foreign commercial vessels performing trans-arctic shipping through the Northwest Passage and how this affects the potential for Canada, through article 234 of the United Nations Convention on the Law of the Sea (UNCLOS), to issue national environmental legislation regulating pollution from ships. This is done through the method of legal dogmatics, characterised by analysis of the sources of law and the hierarchy between them. In this paper, the main sources of law employed are UNCLOS and relevant case law from the International Court of Justice. The main conclusions presented in the paper are that the Northwest Passage consists of a combination of territorial sea and exclusive economic zone, which generally means that commercial vessels are allowed innocent passage through the parts of the passage forming the territorial sea and are largely subject to freedom of navigation through those parts that form the exclusive economic zone. However, it seems likely that the Northwest Passage is a strait used for international navigation, in which case, the vessels passing through it are instead subject to the regime of transit passage. This would negatively affect the possibility for Canada to issue national legislation to regulate pollution from foreign vessels. However, as long as the Northwest Passage is covered by ice for most of the year, article 234 UNCLOS allows Canada far more leeway in regard to issuing anti-pollution legislation, both in the territorial sea and the exclusive economic zone, regardless of whether the Northwest Passage is found to be a strait used for international navigation. The passage regime applicable to foreign commercial vessels under article 234 could be characterised as a sui generis passage.
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Tseng, Chien-Jui C. "The Rotterdam Rules in harmonising the law of international carriage of goods by sea : a study of the perspectives of shipping companies, marine insurance companies and P&I Clubs." Thesis, University of Surrey, 2016. http://epubs.surrey.ac.uk/812339/.
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The Rotterdam Rules (RRs) have been recently introduced to replace previous Sea Conventions in an attempt to modernise, enhance legal certainty and to better harmonise the law in international carriage of goods by sea. The new provisions of the RRs covering container transport and seeking to redress the balance between carriers and shippers have been subject to criticism. The objective of this thesis is to investigate the effectiveness of the RRs liability regime in achieving their goals by comparing it with previous Sea Conventions. To satisfy this goal, the focus is to ascertain the impact of the RRs by examining the perceptions and voluntary adoption of the regime by private actors including shipping, marine insurance companies and P&I Clubs. As the RRs have yet to receive the requisite number of ratifications to come into legal force, these views are of particular importance. The theory of transnational governance, which highlights the shift in regulatory power from national governments to private actors is analysed, as arguably it is reflected in the promotion of this International Convention to encourage international trade. The views of private and non-private actors accordingly have a significant bearing on the ability of the RRs to contribute to the goals of harmonisation and certainty in the field of commercial law. The research finds some tension between the certainty provided by the current regime and the lack of clarity regarding how the RRs may work in practice. Thus, the potential costs of adopting the new regime are likely to be considered greater than the prospective benefits. Based on the analysis of private actors’ perceptions of the RRs, the thesis therefore concludes that the degree of certainty provided by the existing regime hinders increased harmonisation through the adoption of the RRs. Greater awareness and involvement on the part of the private actors is required to drive legal harmonisation both in this context, and more generally in the area of transnational governance.
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Monteil, Leslie. "L'application des conventions internationales de droit maritime en droit français." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D008/document.
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Les conventions internationales sont adoptées par des organisations internationales dans le but d’imposer des règles uniformes dans un domaine spécifique. L’intégration du droit international dans l’ordre juridique de chacun des États parties dépend de la méthode choisie par leur propre droit national. En France, les conventions internationales de droit maritime occupent une place particulière qui leur permet d’avoir leurs dispositions directement invocables par les particuliers. Elles jouissent également d’une grande autorité lorsqu’elles sont reprises par les normes de l’Union européenne produisant des effets contraignants à l’égard des États membres. Le statut de la convention internationale au sein de l’ordre juridique français garantit la pleine effectivité des mesures qu’elle contient, sous réserve que leurs dispositions soient pleinement mises en œuvre par les tribunaux. Le juge aura alors un rôle fondamental dans l’application des conventions internationales puisqu’il pourra influencer sur les effets de ces normes internationales et choisir de participer à l’unification du droit. Mais il sera également tributaire de certaines contraintes inhérentes à l’adoption d’un acte de droit international, ce qui limitera les espoirs d’unification des règles de droit applicables en matière maritimeThe main purpose of the international organization when adopting an international convention is to provide uniform rules for specific fields. The incorporation of international regulation into the legal system of States parties depends on the national laws. In France, the monism system leads to the possibility for every claimant to invoke the provisions of the treaties to support their claim. The authority of international maritime convention has increased when the EU regulation implemented them in EU system which implies that States members are obliged to comply with them. The legal status of international convention in the national French legal system guarantees the enforcement of their own provisions, provided that they are duly applied by the national Courts. The judge will have a significant impact in the enforcement of a treaty. His ruling can improve the unification of international law. However, the judge will be subject to some constraints that may threaten the aim of unification of applicable rules in the shipping law
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Citores, Antidia. "La contribution des parties prenantes à l'intégration de normes environnementales en droit maritime." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1105/document.
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Le transport maritime a connu, ces trente dernières années, une forte croissance qui a des conséquences sur le milieu marin sensible aux pollutions. Le droit maritime s'inscrit généralement dans une démarche attentiste construite en réaction aux catastrophes écologiques successives, et liée à la nécessaire conciliation des intérêts économiques des armateurs et de l'urgence des enjeux environnementaux. Le poids économique du transport maritime influe fortement sur les schémas décisionnels des Etats qui, dans leur triple fonction d'Etat côtier, Etat du port et/ou Etat du pavillon, sont souvent amenés à construire des régimes de complaisance en matières fiscale, économique, sociale et environnementale. Des mesures pourraient être proposées pour établir un équilibre au sein de l'OMI, et restaurer un lien substantiel et transparent entre les Etats, les flottes et les armateurs. De fait, le droit maritime moderne laisse place à d'autres acteurs qui interviennent dans les modes de gouvernance présidant à l'édiction et l'application du droit, notamment à travers les outils du lobbying. L'ouverture plus large du processus normatif et des voies de sanction/réparation à l'ensemble des parties prenantes pourrait garantir une meilleure intégration de la norme environnementale dans le droit du transport maritime. Si le dialogue avec les collectivités locales est rendu complexe par leur statut, à la fois victimes, acteurs et entraves au droit, la place accrue des ONG, aujourd'hui limitée dans le cadre juridictionnel international, serait le gage de la réalisation de ces objectifs, et notamment d'une meilleure effectivité du droitSea transport has seen strong growth over the past 30 years, which impacts on the marine environment, an environment sensitive to pollution. Maritime law generally adheres to a wait-and-see approach, developed as a reaction to successive environmental disasters, and arising from a much-needed reconciliation of shipowners' economic interests and the pressing nature of environmental issues. The States' decision making process is strongly influenced by the economic importance of sea transport who, in their triple function of coastal State, port State and/or flag State are often driven to make legislations of convenience in tax, economic, social and environmental matters. Measures could be proposed to develop laws in order to establish a balance within the IMO, and restore a transparent and genuine link between States, fleets and shipowners. In fact, modern maritime law allows room, in particular through lobbying tools, for other parties who intervene on the enactment and implementation of the law ruled by governance procedures. This widening of the normative process and avenues for sanction/redress to all stakeholders could ensure a better integration of environmental standards in maritime law. If the dialogue with local authorities is complicated by their status, at the same time victims, actors and obstruction of rights, the development of NGOs, currently limited in the international jurisdictional framework, would guarantee these objectives are achieved, including a better effectiveness of the law. The experience gained in the field of a CIFRE thesis, within the legal department of Surfrider Foundation Europe illustrates and establishes these avenues of improvement
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Caldenhof, Peter Loeb. "A MUNDIALIZAÇÃO E A AUTONOMIA RELATIVA DO DIREITO NA DEFINIÇÃO DE MODELOS DE DESENVOLVIMENTO NACIONAIS: O caso da organização jurídico-institucional da navegação marítima brasileira atual." Universidade Federal do Maranhão, 2015. http://tedebc.ufma.br:8080/jspui/handle/tede/618.
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Previous issue date: 2015-03-26This dissertation studies the relations between the socioeconomic base and the political-juridical superstructure, with the demonstration that they form a dialectic totality, but keeping the relative autonomy of its parts. The text shows the specific nature of Law as an important part of the superstructure and its role in the definition of national development models within the process of mundialization. The relative autonomy of Law is demonstrated in theoretical and historical-concrete terms, first, by showing that there is no automatic determination of Law by the socioeconomic structure and, second, with the evidence of the political and juridical constitution of the material base itself. These elements of the relative autonomy are explained by the political and juridical characteristics of the state, Law, the international system and the mundialization process as something that is deliberately produced by the different actors in conflict within the domestic and international superstructures. Parting from this point of view of critical institutionalism, the relations between Law and Economics are demonstrated and analyzed in the case study of the current juridical-institutional organization of the shipping industry in Brazil and its effects in terms of development for the shipping branch and the economy as a whole. The dissertation shows that the current model is insufficient for the consolidation of an autonomous national shipping industry, with the consequent negative impacts on the systemic competitiveness of the Brazilian economy, its national accounts, the national accumulation of capital and the development of correlated economic sectors, such as the shipbuilding industry.
A presente dissertação aprofunda o estudo das relações entre base material socioeconômica e superestrutura político-jurídica, com a demonstração de que formam uma totalidade dialética, mas com relativa autonomia de suas partes. Esclarece a natureza específica do direito como importante elemento superestrutural e seu papel para a definição de modelos de desenvolvimento nacionais no atual contexto da mundialização, demonstrando, em termos teórico-conceituais e histórico-concretos, sua relativa autonomia, tanto pelo aspecto de sua não determinação automática pelas relações socioeconômicas, quanto pela constituição política e jurídica da própria base material. Estes elementos de relativa autonomia são explicados pelas características político-jurídicas do Estado, do direito, do sistema internacional e da própria mundialização enquanto processo deliberadamente produzido pelos atores em luta nas esferas superestruturais doméstica e internacional. Sob essa ótica de institucionalismo crítico, as relações entre direito e economia são demonstradas e analisadas no estudo do caso concreto da organização jurídico-institucional da navegação marítima brasileira atual e seus efeitos em termos de desenvolvimento setorial e geral. O trabalho demonstra que o atual modelo é insuficiente para a consolidação de uma navegação marítima nacional autônoma, afetando negativamente a competitividade sistêmica da economia brasileira, suas contas nacionais, a acumulação de capital nacional e o desenvolvimento de setores conexos, como a construção naval.
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Júdice, Mônica Pimenta. "O processo marítimo à luz do Direito Processual Civil." Pontifícia Universidade Católica de São Paulo, 2014. https://tede2.pucsp.br/handle/handle/6466.
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Previous issue date: 2014-06-25Despite the length limitation of an abstract, it is considered appropriate to define and clarify the object of this work. In times of intense legislative activity, the debate concerning to the nature of the decision given by the Maritime Court strengthened when the art. 529, item X of the Brazilian New Procedural Code (enacted on House of Representatives version) gave force to the maritime court as an enforceable judgment. In this study, within the limits of a master thesis, our purpose is to research the possibility of exercising judicial activity outside the boundaries of the Judiciary Power - here called "shared jurisdiction , where we will be able to highlight a focus on the activity performed by the Maritime Court. On the ground of this delimitation of the subject, we shall briefly input our research outline. Initially, it was analyzed the maritime law as an autonomous science with emphasis in its codification, its concept, its sources and its spatial boundaries. Then, it was examined the special maritime procedures listed in the Codes CPC/39, CPC/73 and NCPC. For a deep investigation of the maritime special due process, it was consider absolutely necessary, yet concisely, to track the historical evolution of the concept of jurisdiction in order to be able to enter the second part of the work with regards to judicial review of decisions of the Maritime Court - linking, thus, to the so-called shared jurisdiction by having the Maritime Court performing judicial activity
Ainda que por intermédio de poucas palavras, julga-se conveniente delimitar e aclarar o objeto deste trabalho. Em época de intensa atividade legislativa, acirrou-se o debate acerca da natureza da decisão proferida pelo Tribunal Marítimo Brasileiro quando o art. 529, inciso X do NCPC (versão aprovada pela Câmara dos Deputados) atribuiu força de título executivo judicial ao acórdão marítimo. Neste trabalho, e nos limites de uma dissertação de mestrado, o propósito é estudar a possibilidade de exercício de atividade jurisdicional fora do âmbito exercido pelo Poder Judiciário em uma espécie do que aqui se denominou jurisdição compartilhada do enfoque da atividade judicante desempenhada pelo Tribunal Marítimo, na Lei n. 2.180/54 (Lei Orgânica do Tribunal Marítimo LOTM). Fixada, em linhas essenciais, a delimitação do tema, convém enunciar resumidamente o programa de nossa investigação. De inicio, discorreu-se sobre o direito marítimo como ciência autônoma, com destaque para sua codificação, seu conceito, suas fontes e seus limites espaciais. Em seguida, abordaram-se os procedimentos marítimos especiais que constam expressamente nos CPC/39, CPC/73 e NCPC. Para uma análise do processo marítimo, pareceu-nos absolutamente necessário, ainda que de forma concisa, acompanhar a evolução do conceito de jurisdição, adentrando-se, enfim, na segunda parte do trabalho, no tocante à revisão judicial das decisões do Tribunal Marítimo revolvendo a hipótese do exercício da atividade jurisdicional fora da estrutura judiciária
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Bertolini, Mattia. "Upcycling Shipping Containers as Building Components : an environmental impact assessment." Master's thesis, Alma Mater Studiorum - Università di Bologna, 2018. http://amslaurea.unibo.it/15146/.
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The introduction of shipping containers in the trading system has increased world economic growth exponentially. The drawback of this linear economy consists in the accumulation of empty containers in import-based countries.
Sustainable and green architecture should consider not only recycling but also upcycling and reuse of material. Therefore designers troughout the world are working with intermodal containers for environmental purposes.
Moving from ethical considerations, it is possibile to determine whether container architecture is actually sustainable?
The aim of this study is to quantify the impact of the use of shipping containers as building components from an environmetal point of view. A comparative life cycle analysis has been undertaken. Two benchmark technologies have been selected for this comparative analysis: a steel frame and an X-Lam structure.
Three different scenarios have been developed in order to understand how climate can affect results of the study: hot-tropical, temperate and cold.
A Life cycle Assessment has been used to evaluate 4 impact categories: Global Warming Potential, Ozone Depletion Potential, Acidification Potential and Eutrophication Potential.
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Botes, Antoni Willem. "A feasibility study of utilising shipping containers to address the housing backlog in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/85714.
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Thesis (MEng)--Stellenbosch University, 2013.Please see accompanying Errata document to be viewed with original document.
ENGLISH ABSTRACT: The current housing backlog facing the informal residents of South Africa is daunting. With current research showing that the backlog is not shrinking fast enough, the stakeholders of the formal and informal housing sector are facing an immense challenge. Most houses constructed after 1994 utilised conventional brick and mortar construction, with alternative means of building homes taking up a negligible share in the total housing supply. The purpose of this study is to test the feasibility of container-based homes as an alternative to brick and mortar homes in South Africa’s low-cost housing supply according to the triple constraints of project management i.e. cost, time and quality. Social acceptance and environmental sustainability are also analysed as two secondary parameters that will influence container-based projects. These parameters form the basis of the three pillars of sustainability, i.e. economic, societal and environmental parameters, which indicates the feasibility of a new design implementation. Two test cases for the feasibility study were designed. The first case considers a modular single-storey residential home, equivalent to standard “Breaking New Ground” housing solutions. The second test case considers a multi-storey, medium-density residential building, capable of housing multiple families .The test cases represent possible container-based solutions, with traditional brick and mortar construction (single and multi-storey) acting as the control solution. The three sustainability parameters act as benchmarks of each solutions’ feasibility, with the control solution acting as the counter-performance example. The comparison of the economic parameter relies on the cost of each design case, its construction time and the quality of the end-product. The bills of quantities were measured against a conventional building type, and it was found that a single-storey solution will prove more costly than a small brick and mortar home. However, the multi-storey solution proves to be feasible when compared to a concrete three-storey structure. Regarding time, the construction of an Intermodal Steel Building Unit (ISBU) home is up to 3 times faster compared to a conventional house. The end-product quality will depend on the quality system used by the contractor and its correct implementation; thus it is not an important dividing factor when comparing conventional versus Alternative Building Technology (ABT) systems. The societal parameter of an ISBU solution rests on its acceptance by the beneficiaries. Traditionally, resistance has met ABT home implementation, as stakeholders consider them as inferior products. A comprehensive survey was carried out in an informal settlement to test this statement. The results show that the majority of beneficiaries prefer conventional homes, unless the ABT home resembles its conventional counterpart. The environmental sustainability of a new product relies primarily on the carbon footprint of the materials and methods used. This was tested by comparing the impact of an ISBU solution with a conventional solution. The “upcycling” (as opposed to recycling) of used containers provides a large environmental benefit when comparing it to newly constructed brick for conventional homes, and thus the impact is lower. The findings of the study show that a single-storey solution utilising containers proves ineffective, as it is more expensive per square meter than a conventional home. However, a multi-storey container solution is feasible, as it is lower in cost (than comparative conventional solutions), faster to construct, allows for higher density expansion of settlements and is more environmentally friendly.
AFRIKAANSE OPSOMMING: Die enorme behuisingsagterstand van informele nedersetters in Suid-Afrika skep 'n geweldige uitdaging vir die rolspelers in die formele behuisingsektor. Huidige navorsing toon dat hierdie agterstand nie vinnig genoeg verminder nie, en baie mense verkeer in nood. Die meerderheid van huise wat opgerig is sedert 1994 maak gebruik van konvensionele baksteen en sement konstruksie, terwyl alternatiewe maniere van konstruksie 'n nietige aandeel het. Die doel van hierdie studie is om die bruikbaarheid van skeepshouer-gebaseerde huise te bepaal in teenstelling met konvensionele baksteen en sement huise, spesifiek vir die lae-koste behuisingsgeval in Suid-Afrika. Dit word uitgevoer volgens die "drietallige beperking" beginsel van projekbestuur, naamlik koste, tyd en kwaliteit parameters. Addisioneel word die sosiale aanvaarbaarheid sowel as die omgewingsvriendelikheid van die konsep getoets teen konvensionele maniere van konstruksie. Hierdie parameters vorm saam die “drie pilare van volhoubaarheid”, wat betrekking het tot ekonomiese-, sosiale- en omgewings-aspekte. Twee toetsgevalle is ontwerp volgens argitektoniese en tegniese standaarde sowel as gemeenskap benodigdhede. Die eerste geval is ontwerp as 'n enkel-verdieping huis, met behulp van modulêre skeepshouers. Die tweede geval is 'n meertallige-verdieping, medium-digtheid residensiële gebou wat verskeie families kan huisves. Die toetsgevalle modelleer verskeie skeepshouer oplossings, terwyl konvensionele konstruksie oplossings dien as beheer gevalle. Elke geval word volgens die drie volhoubaarheids beginsels getoets, met die beheer gevalle wat dien as die teen-prestasie voorbeelde. Die vergelyking van die ekonomiese parameter berus op die koste van elke ontwerp, sy konstruksietyd en die eindproduk kwaliteit. Die lys van hoeveelhede is gemeet teen dié van ʼn konvensionele huis, en daar is bevind dat die enkelverdieping skeepshouer-geval veel duurder sal wees. Die meertallige-verdieping geval aan die ander kant, maak gebruik van baie kostebesparings metodes, en lyk uitvoerbaar. Die tyd-aspek wys dat die konstruksie m.b.v. “Intermodal Steel Building Units” (ISBUs) tot en met 3 keer vinniger te wees teenoor ʼn konvensionele huis. Die eindproduk kwaliteit hang af van die tipe kwaliteit stelsel wat die kontrakteur gebruik, sowel as die korrekte toepassing van hierdie stelsel; dus is dit nie ʼn skeidende faktor tussen alternatiewe en konvensionele boumetodes nie. Die gemeenskaplike aspek van die gebruik van alternatiewe konstruksie berus op die aanvaarding van die huisbewoners. Gemeenskappe het tradisioneel nie ʼn hoë dunk van Alternatiewe Bou-Tegnologie (ABT) behuising nie, aangesien hulle dit as swak kwaliteit bestempel. Om hierdie stelling te toets is ʼn opname uitgevoer in ʼn informele nedersetting. Die resultate wys dat die meerderheid inwoners die konvensionele opsie verkies. Daar is wel bevind dat die inwoners ʼn ISBU huis sal oorweeg indien dit ʼn visuele ooreenkoms toon met ʼn konvensionele huis. Die omgewingsvolhoubaarheid van ʼn nuwe produk berus hoofsaaklik op die koolstof-voetspoor van die materiale en boumetodes wat gebruik is. Hierdie aspek is getoets deur ʼn ISBU oplossing se omgewings-impak te meet teen dié van ʼn konvensionele huis. Die “upcycling” voordeel wat skeepshouers gebruik gee ʼn groot voordeel teenoor die konstruksie van konvensionele huise, siende dat min nuwe materiale gebruik word. Dus is die totale omgewings impak laer as die van ʼn konvensionele huis. Die bevindinge van die navorsing wys dat ʼn enkelverdieping ISBU oplossing onprakties is in terme van koste per vierkante meter, aangesien dit veel duurder as ʼn konvensionele metode is. Die meertallige-verdieping geval is wel uitvoerbaar, aangesien dit ʼn laer koste tot gevolg het, vinniger gebou word, hoër-digtheid behuising bevorder en meer omgewings-vriendelik is.
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Duran, Pla Eduard. "Dimensionamiento y optimización de la operativa en las terminales de graneles sólidos = Dimensioning and optimization of operations for dry bulk terminals." Doctoral thesis, Universitat Politècnica de Catalunya, 2016. http://hdl.handle.net/10803/395186.
Full textAbstract:
This thesis studies the factors that influence the optimization, and sizing, of dry bulk terminals, while looking for a model to reflect them.
At the same time it provides an overview of dry bulk shipping, and its marine operations, while identifying literature linked to the sector.
In the first part (Chapter 1 y 2) we study and analyze all the factors that tend to influence or affect the characteristics of a port terminal.
In the second part (Chapter 3 and 4) a series of international terminals are analyzed, called "Wold Champions" and a part of the largest bulk terminals in the spanish coast, as well.
After analyzing in detail the different types of terminals, it concludes by pointing out those decisive factors considered in the terminal design, such as ships dimensions, while considering that the sector volatility sometimes can force strategy changes due expected traffic modificationsEsta tesis estudia los factores que influyen en la optimización y dimensionamiento de las terminales de graneles sólidos, a la vez que busca un modelo para reflejarlos. A la vez pretende aportar una visión general del mundo del transporte marítimo de graneles sólidos, y su operativa, agrupando e identificado la bibliografía ligada al sector. En una primera parte (Capítulos 1 y 2) se estudian, y analizan, todos aquellos factores que influyen en las características de una terminal portuaria de graneles sólidos. En una segunda parte(Capítulos 3 y 4) se analizan una serie de terminales internacionales de graneles sólidos, las denominadas "campeones mundiales", y una gran parte de las mayores terminales ubicadas en el litoral español. Tras analizar detalladamente las diferentes tipologías de terminales se concluye señalando aquellos factores determinantes a la hora de proceder al diseño de la terminal, como son las dimensiones del buque, ala vez que se indica la volatilidad que sufre el sector y que en ocasiones puede obligar a cambios de estrategia por modificaciones sobre los tráficos previstos.
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Duncan, Judy Lee-Ann. "Ballast Water: Extremely Convenient for the Shipping Industry but Disastrous for Coastal Waters and the Environment: A Study on the Effect of Ballast Water on Various Coasts and the Laws and Regulations in Place Regarding Ballast Water." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4599.
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Ertle, John Michael. "Effects of Short-term Chilling Stress on Seedling Quality and Post-transplanting Growth of Grafted and Nongrafted Watermelon." The Ohio State University, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=osu1594742774066127.
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Aldman, Lili-Annè. "En merkantilistisk början : Stockholms textila import 1720–1738." Doctoral thesis, Uppsala University, Department of Economic History, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-8645.
Full textAbstract:
The purpose of this thesis is to, from an institutional approach, study how the Stockholm importers within the textile sector adapted their foreign trade to the change in economic policy 1720 through 1738. The focus is to investigate to what extent the introduction of new laws, regulations etc. can be an explanation for what happened to Stockholm’s foreign trade, mainly imports, particularly textile imports during the period. It is mainly the economic policies that had been enacted during the Hornian government and their effects that have been studied. This is a period that has seldom been studied in other research.
This thesis begins when the Russian raids were over. This was a year when the foreign trade still was relatively free and was untouched by the 17th century’s regulations. After 1721 the policies that would be introduced to increase Sweden's level of self-sufficiency and strengthen ties with the North Sea area had several components. Besides the economic policy, the main sources for the thesis are the city toll records.
The trade policies in the shape of tolls and fees, import and consumption bans etc. and the commercial policies together became different kinds of political tools used for several purposes. The conclusion of this thesis is that the economic policies made the Stockholm importers adapt their trade to the change. The import bans and sumptuary laws had an effect. The economic policies gave rise to an increase in the import of textile raw materials. The rise in toll costs and import fees contributed to displacing the foreign trade towards other areas. The change in the economic policies was successful in the sense that it gave rise to new conditions for domestic production within the textile sector and forced Stockholm's importers to adapt their foreign trade.
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Lee, Ewin, and 李高慶. "The Researching of Fair Trade Law in Shipping Cooperative Competitive-Shipping Conference,Strategic Alliance,Association of Shipping Serves,R.O.C." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/39182814044886272668.
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LIN, REI-YING, and 林瑞瑩. "A Study of Liner Shipping Cartel under Conpetition Law." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/9fu8z8.
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