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Arrest in South Africa of ships associated by common control of state-owned companies
South Africa's associated ship arrest provisions permitting arrest of ships linked to the ship concerned by common control of the shipowning companies raise particular problems for shipowning state-owned enterprises in that if it is possible to arrest the ships due to common control of the state the...
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| Format: | Thesis |
| Language: | English English |
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Department of Commercial Law
2025
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| _version_ | 1867613226360897536 |
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| access_status_str | Open Access |
| author | Karimov, Bulat |
| author2 | Bradfield, Graham |
| author_browse | Bradfield, Graham Karimov, Bulat |
| author_facet | Bradfield, Graham Karimov, Bulat |
| author_sort | Karimov, Bulat |
| collection | Thesis |
| description | South Africa's associated ship arrest provisions permitting arrest of ships linked to the ship concerned by common control of the shipowning companies raise particular problems for shipowning state-owned enterprises in that if it is possible to arrest the ships due to common control of the state then all the ships belonging to state-owned companies are at risk to be arrested for the debts of each other. Depending on the number of state-owned companies in the country it may be a huge commercial fleet. It is argued that two situations should be differentiated. The first one is that the association between ships may be established due to common control of a state-owned company, the second one is where such an association is justified by common control of the state itself. It is concluded that, in the first case, the problem does not even arise since the ships are controlled by the company and it does not matter if such a company is state-owned or not. In the second situation, the problem reveals itself. The solution is suggested to exclude the ships linked to the ship concerned by common control of the state from the application of the relevant provisions of the AJRA 1983. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/40967 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:32:46.693Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/40967 Arrest in South Africa of ships associated by common control of state-owned companies Karimov, Bulat Bradfield, Graham commercial law South Africa's associated ship arrest provisions permitting arrest of ships linked to the ship concerned by common control of the shipowning companies raise particular problems for shipowning state-owned enterprises in that if it is possible to arrest the ships due to common control of the state then all the ships belonging to state-owned companies are at risk to be arrested for the debts of each other. Depending on the number of state-owned companies in the country it may be a huge commercial fleet. It is argued that two situations should be differentiated. The first one is that the association between ships may be established due to common control of a state-owned company, the second one is where such an association is justified by common control of the state itself. It is concluded that, in the first case, the problem does not even arise since the ships are controlled by the company and it does not matter if such a company is state-owned or not. In the second situation, the problem reveals itself. The solution is suggested to exclude the ships linked to the ship concerned by common control of the state from the application of the relevant provisions of the AJRA 1983. 2025-02-14T11:29:03Z 2025-02-14T11:29:03Z 2024 2025-02-14T11:26:27Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/40967 en eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | commercial law Karimov, Bulat Arrest in South Africa of ships associated by common control of state-owned companies |
| thesis_degree_str | Master's |
| title | Arrest in South Africa of ships associated by common control of state-owned companies |
| title_full | Arrest in South Africa of ships associated by common control of state-owned companies |
| title_fullStr | Arrest in South Africa of ships associated by common control of state-owned companies |
| title_full_unstemmed | Arrest in South Africa of ships associated by common control of state-owned companies |
| title_short | Arrest in South Africa of ships associated by common control of state-owned companies |
| title_sort | arrest in south africa of ships associated by common control of state owned companies |
| topic | commercial law |
| url | http://hdl.handle.net/11427/40967 |
| work_keys_str_mv | AT karimovbulat arrestinsouthafricaofshipsassociatedbycommoncontrolofstateownedcompanies |