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The First Draft Merchant Shipping, Bill: Should South Africa implement the proposed amendments in section 271 of the Bill, in its current form?

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 shoul...

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Main Author: Msiza, Sharon Phumzile
Other Authors: Bradfield, Graham B.
Format: Thesis
Language:English
Published: Department of Commercial Law 2020
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access_status_str Open Access
author Msiza, Sharon Phumzile
author2 Bradfield, Graham B.
author_browse Bradfield, Graham B.
Msiza, Sharon Phumzile
author_facet Bradfield, Graham B.
Msiza, Sharon Phumzile
author_sort Msiza, Sharon Phumzile
collection Thesis
description 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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institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:33:21.255Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2020
publishDateRange 2020
publishDateSort 2020
publisher Department of Commercial Law
publisherStr Department of Commercial Law
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/31101 The First Draft Merchant Shipping, Bill: Should South Africa implement the proposed amendments in section 271 of the Bill, in its current form? Msiza, Sharon Phumzile Bradfield, Graham B. Commercial Law 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. 2020-02-13T11:44:18Z 2020-02-13T11:44:18Z 2019 2020-02-12T11:11:07Z Master Thesis Masters LLM http://hdl.handle.net/11427/31101 eng application/pdf Department of Commercial Law Faculty of Law
spellingShingle Commercial Law
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?
thesis_degree_str Master's
title The First Draft Merchant Shipping, Bill: Should South Africa implement the proposed amendments in section 271 of the Bill, in its current form?
title_full The First Draft Merchant Shipping, Bill: Should South Africa implement the proposed amendments in section 271 of the Bill, in its current form?
title_fullStr The First Draft Merchant Shipping, Bill: Should South Africa implement the proposed amendments in section 271 of the Bill, in its current form?
title_full_unstemmed The First Draft Merchant Shipping, Bill: Should South Africa implement the proposed amendments in section 271 of the Bill, in its current form?
title_short The First Draft Merchant Shipping, Bill: Should South Africa implement the proposed amendments in section 271 of the Bill, in its current form?
title_sort first draft merchant shipping bill should south africa implement the proposed amendments in section 271 of the bill in its current form
topic Commercial Law
url http://hdl.handle.net/11427/31101
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