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The international collision regulations in the context of international law and the municipal law of the United Kingdom and of South Africa: a critical analysis
The object of this paper is to examine one aspect of safety at sea, namely, the prevention of collisions, and to consider in this regard the role of the International Regulations for Preventing Collisions at Sea. our concern is primarily with the regulatory and preventative aspects of the law (in bo...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2023
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| _version_ | 1867614234756513792 |
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| access_status_str | Open Access |
| author | Siddle, A M |
| author_browse | Siddle, A M |
| author_facet | Siddle, A M |
| author_sort | Siddle, A M |
| collection | Thesis |
| description | The object of this paper is to examine one aspect of safety at sea, namely, the prevention of collisions, and to consider in this regard the role of the International Regulations for Preventing Collisions at Sea. our concern is primarily with the regulatory and preventative aspects of the law (in both the, international and municipal spheres) and not so much with private law aspects, in so far as the latter are concerned with the determination of rights and liabilities as between individuals. This is not to say that private law is irrelevant for our purposes: in the first place, the Collision Regulations are usually considered by the courts in the context of delictual actions in private law, and these cases therefore constitute the most important source of judicial interpretation of the Regulations; secondly, since the Collision Regulations do play a part in the determination of civil liability, the role of private law as an indirect means of enforcement of the Regulations cannot be ignored. The Collision Regulations are of interest from a number of points of view. Firstly, they are of interest in the context of public international law: they are intended to regulate navigation at an international level, and being the product of agreement between states; also, the regulations give rise to questions of state jurisdiction. Secondly, the regulations are important in the context of municipal law; here we are concerned with the manner in which the regulations are enforced. Two states have been singled out for consideration in this regard: the Republic of South Africa, and the United Kingdom, on account of the historical role played by it in collision prevention, and also on account of the close links between the relevant law of that state and of South Africa. The experience and practice of the United Kingdom provides a useful guide and model for South Africa, and is relevant also for comparative purposes. Thirdly, the Regulations are, of course, of vital importance to the mariner. Finally, in a peripheral fashion, the Regulations are of interest to the legal historian, as they represent the legal response to a set of circumstances as they changed over the centuries. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/38828 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:48:48.642Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/38828 The international collision regulations in the context of international law and the municipal law of the United Kingdom and of South Africa: a critical analysis Siddle, A M law The object of this paper is to examine one aspect of safety at sea, namely, the prevention of collisions, and to consider in this regard the role of the International Regulations for Preventing Collisions at Sea. our concern is primarily with the regulatory and preventative aspects of the law (in both the, international and municipal spheres) and not so much with private law aspects, in so far as the latter are concerned with the determination of rights and liabilities as between individuals. This is not to say that private law is irrelevant for our purposes: in the first place, the Collision Regulations are usually considered by the courts in the context of delictual actions in private law, and these cases therefore constitute the most important source of judicial interpretation of the Regulations; secondly, since the Collision Regulations do play a part in the determination of civil liability, the role of private law as an indirect means of enforcement of the Regulations cannot be ignored. The Collision Regulations are of interest from a number of points of view. Firstly, they are of interest in the context of public international law: they are intended to regulate navigation at an international level, and being the product of agreement between states; also, the regulations give rise to questions of state jurisdiction. Secondly, the regulations are important in the context of municipal law; here we are concerned with the manner in which the regulations are enforced. Two states have been singled out for consideration in this regard: the Republic of South Africa, and the United Kingdom, on account of the historical role played by it in collision prevention, and also on account of the close links between the relevant law of that state and of South Africa. The experience and practice of the United Kingdom provides a useful guide and model for South Africa, and is relevant also for comparative purposes. Thirdly, the Regulations are, of course, of vital importance to the mariner. Finally, in a peripheral fashion, the Regulations are of interest to the legal historian, as they represent the legal response to a set of circumstances as they changed over the centuries. 2023-09-22T11:34:59Z 2023-09-22T11:34:59Z 1987 2023-09-22T11:34:31Z Master Thesis Masters LLM http://hdl.handle.net/11427/38828 eng application/pdf Department of Public Law Faculty of Law |
| spellingShingle | law Siddle, A M The international collision regulations in the context of international law and the municipal law of the United Kingdom and of South Africa: a critical analysis |
| thesis_degree_str | Master's |
| title | The international collision regulations in the context of international law and the municipal law of the United Kingdom and of South Africa: a critical analysis |
| title_full | The international collision regulations in the context of international law and the municipal law of the United Kingdom and of South Africa: a critical analysis |
| title_fullStr | The international collision regulations in the context of international law and the municipal law of the United Kingdom and of South Africa: a critical analysis |
| title_full_unstemmed | The international collision regulations in the context of international law and the municipal law of the United Kingdom and of South Africa: a critical analysis |
| title_short | The international collision regulations in the context of international law and the municipal law of the United Kingdom and of South Africa: a critical analysis |
| title_sort | international collision regulations in the context of international law and the municipal law of the united kingdom and of south africa a critical analysis |
| topic | law |
| url | http://hdl.handle.net/11427/38828 |
| work_keys_str_mv | AT siddleam theinternationalcollisionregulationsinthecontextofinternationallawandthemunicipallawoftheunitedkingdomandofsouthafricaacriticalanalysis AT siddleam internationalcollisionregulationsinthecontextofinternationallawandthemunicipallawoftheunitedkingdomandofsouthafricaacriticalanalysis |