Paul Myburgh

Associate Dean (International)

BA (Hons), BLC, LLM (Pretoria)

Contact details
Building 803, room 319
17 Eden Crescent
Auckland

Phone: +64 9 923 7240
Email: p.myburgh@auckland.ac.nz

Available to students
Wednesdays 1-3pm or by appointment

Profile

Paul Myburgh’s teaching and research interests include maritime law, conflict of laws, international banking and trade finance, international trade law, contract law, electronic commerce and comparative law. He is the author of the New Zealand transport law monograph in the International Encyclopaedia of Transport Law (2 ed, Kluwer Law International, The Hague, 2002), has published numerous book chapters, reviews and articles on maritime law in international journals, and maintains a web site on New Zealand maritime law.

Before joining the Faculty of Law, Paul tutored in the Classics Department at the University of Pretoria, and lectured in the Department of Private Law at the University of South Africa, the Faculty of Law at Victoria University of Wellington, and the Department of Commercial Law at The University of Auckland. He was a visiting researcher at the Scandinavian Institute of Maritime Law at the University of Oslo in 1994. He is a member of the Maritime Law Association of Australia and New Zealand and the Society for Nautical Research (UK).

Research Interests

• Maritime Law
• International Sales
• International Trade Finance
• International Carriage of Goods
• Private International Law

Recent Courses Taught

• Law 720 Maritime Law Hons Seminar
• Law 476 International Sales and Finance Law
• Law 241 Contract Law

Recent Thesis/Dissertation Supervision Topics

• Trespass, Unlawful Detention and Conversion: How the New Zealand Government Acquired the Finnish Barque "Pamir"
• Maritime In Rem Priorities: A Comparative and Critical Analysis
• The Convention on Contracts for the International Sale of Goods and the "Contractual Validity Exception"
• The UNCITRAL Draft Instrument on the Carriage of Goods Wholly or Partly by Sea: International Chances of Success and Implications for New Zealand
• Transferring Rights of Suit under Bills of Lading: The Conflict of Laws Implications (with E Schoeman)
• Arrest in Admiralty, the Inherent Jurisdiction, and the Obligations of Port Companies to Accept Ships
• Himalaya Clauses in Shipping Contracts - A Comparative Study

Brief CV

Senior Lecturer, Department of Commercial Law, University of Auckland, 1995-2000
Senior Lecturer, Faculty of Law, University of Auckland, 2000-2006
Associate Professor, 2006

Qualifications

LLM cum laude, University of Pretoria, 1987
BA (Honours) Latin cum laude, University of Pretoria, 1986
LLB cum laude, University of Pretoria, 1986
BLC (Bachelor of Civil Law), University of Pretoria, 1984

Books and Book Chapters

• Myburgh, P, and Davis, P, ‘New Zealand’. In S Dromgoole (ed.) The Protection of the Underwater Cultural Heritage: National Perspectives in Light of the UNESCO Convention 2001 (2nd ed.), (The Hague, Martinus Nijhoff, 2006) 189-215.
• Myburgh P, ‘Arresting the Right Ship: Procedural Theory, The In Personam Link and Conflict of Laws’. In M Davies (ed.) Jurisdiction and Forum Selection in International Maritime Law: Essays in Honor of Robert Force (The Hague, Kluwer Law International, 2005) 283-320 (awarded the Legal Research Foundation Sir Ian Barker Prize for best published legal essay in 2005).
• Myburgh, P, New Zealand Transport Law (monograph in M Huybrechts (ed.) International Encyclopaedia of Transport Law (2nd ed.), (The Hague/Boston, Kluwer Law International, 2002) 238pp.

Recent Journal Articles

• ‘Conflict of Laws and Vessel Ownership’, Lloyd's Maritime and Commercial Law Quarterly, 424-430, 2005.
• ‘Admiralty in Wonderland’, Lloyd's Maritime and Commercial Law Quarterly, 302-308, 2005.
• ‘Jurisdiction in Transnational Cases’, New Zealand Law Journal, 403-406, 2004 (with Elsabe Schoeman).
• ‘The Territorial Scope of New Zealand Employment Law: Quarter-Acre or Global Village?’, New Zealand Business Law Quarterly 9, 281-286, 2003 (with Linda Pattullo).
• ‘Horse and Buggy on the Internet Highway: Transnational Internet Defamation in the High Court of Australia’, New Zealand Business Law Quarterly 9, 151-161, 2003 (with Rosemary Tobin).
• ‘Categorising Horror: Marine Insurance Coverage and Terrorism’, Maritime Studies 126, 1-9, 2002.
• ‘"All That Glisters": The Gold Clause, the Hague Rules and Carriage of Goods by Sea’, New Zealand Business Law Quarterly 8, 260-265, 2002.

Current research

Paul’s specialist research areas include maritime law, international trade law and conflict of laws. He is particularly interested in theories and ideas of admiralty law. His scholarship focuses on the interaction between domestic private law and international private law, and includes analysis of New Zealand law and the legal systems of other countries.